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House Study Bill 42 - IntroducedA Bill ForAn Act 1creating a special motion for expedited relief in
2actions involving the exercise of the right of freedom of
3speech and of the press, the right to assemble and petition,
4and the right of association, and including applicability
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 652.1 Title.
2This chapter may be cited as the “Uniform Public Expression
3Protection Act”.
4 Sec. 2. NEW SECTION. 652.2 Scope.
51. As used in this section:
6a. “Goods or services” does not include the creation,
7dissemination, exhibition, or advertisement or similar
8promotion of a dramatic, literary, musical, political,
9journalistic, or artistic work.
10b. “Governmental unit” means a public corporation
11or government or governmental subdivision, agency, or
12instrumentality.
132. Except as otherwise provided in subsection 3, this
14chapter applies to a cause of action asserted in a civil action
15against a person based on any of the following of the person:
16a. Communication in a legislative, executive, judicial,
17administrative, or other governmental proceeding.
18b. Communication on an issue under consideration or review
19in a legislative, executive, judicial, administrative, or other
20governmental proceeding.
21c. Exercise of the right of freedom of speech or of the
22press, the right to assemble or petition, or the right of
23association, guaranteed by the Constitution of the United
24States or the Constitution of the State of Iowa, on a matter of
25public concern.
263. This chapter does not apply to any of the following
27causes of action asserted:
28a. Against a governmental unit or an employee or agent of a
29governmental unit acting or purporting to act in an official
30capacity.
31b. By a governmental unit or an employee or agent of a
32governmental unit acting in an official capacity to enforce a
33law to protect against an imminent threat to public health or
34safety.
35c. Against a person primarily engaged in the business of
-1-1selling or leasing goods or services if the cause of action
2arises out of a communication related to the person’s sale or
3lease of the goods or services.
4 Sec. 3. NEW SECTION. 652.3 Special motion for expedited
5relief.
6Not later than sixty days after a party is served with a
7petition, crossclaim, counterclaim, third-party claim, or other
8pleading that asserts a cause of action to which this chapter
9applies, or at a later time on a showing of good cause, the
10party may file a special motion for expedited relief to dismiss
11the cause of action or part of the cause of action.
12 Sec. 4. NEW SECTION. 652.4 Stay.
131. Except as otherwise provided in subsections 4 through
147, on the filing of a motion under section 652.3, all of the
15following apply:
16a. All other proceedings between the moving party and
17responding party, including discovery and a pending hearing or
18motion, are stayed.
19b. On motion by the moving party, the court may stay a
20hearing or motion involving another party, or discovery by
21another party, if the hearing or ruling on the motion would
22adjudicate, or the discovery would relate to, an issue material
23to the motion under section 652.3.
242. A stay under subsection 1 remains in effect until entry
25of an order ruling on the motion under section 652.3 and
26expiration of the time under section 652.9 for the moving party
27to appeal the order.
283. Except as otherwise provided in subsections 5, 6,
29and 7, if a party appeals from an order ruling on a motion
30under section 652.3, all proceedings between all parties in
31the action are stayed. The stay remains in effect until the
32conclusion of the appeal.
334. During a stay under subsection 1, the court may allow
34limited discovery if a party shows that specific information is
35necessary to establish whether a party has satisfied or failed
-2-1to satisfy a burden under section 652.7, subsection 1, and the
2information is not reasonably available unless discovery is
3allowed.
45. A motion under section 652.10 for costs, attorney fees,
5and expenses is not subject to a stay under this section.
66. A stay under this section does not affect a party’s
7ability to voluntarily dismiss a cause of action or part of a
8cause of action or move to sever a cause of action.
97. During a stay under this section, the court for good
10cause may hear and rule on all of the following:
11a. A motion unrelated to the motion under section 652.3.
12b. A motion seeking a special or preliminary injunction to
13protect against an imminent threat to public health or safety.
14 Sec. 5. NEW SECTION. 652.5 Hearing.
151. The court shall hear a motion under section 652.3 not
16later than sixty days after filing of the motion, unless the
17court orders a later hearing for any of the following:
18a. To allow discovery under section 652.4, subsection 4.
19b. For other good cause.
202. If the court orders a later hearing under subsection 1,
21paragraph “a”, the court shall hear the motion under section
22652.3 not later than sixty days after the court order allowing
23the discovery, unless the court orders a later hearing under
24subsection 1, paragraph “b”.
25 Sec. 6. NEW SECTION. 652.6 Proof.
26In ruling on a motion under section 652.3, the court shall
27consider the pleadings, the motion, any reply or response to
28the motion, and any evidence that could be considered in ruling
29on a motion for summary judgment under rule of civil procedure
301.981.
31 Sec. 7. NEW SECTION. 652.7 Dismissal of cause of action in
32whole or part.
331. In ruling on a motion under section 652.3, the court
34shall dismiss with prejudice a cause of action, or part of a
35cause of action, if all of the following are true:
-3- 1a. The moving party establishes under section 652.2,
2subsection 2, that this chapter applies.
3b. The responding party fails to establish under section
4652.2, subsection 3, that this chapter does not apply.
5c. Any of the following are true:
6(1) The responding party fails to establish a prima facie
7case as to each essential element of the cause of action.
8(2) The moving party establishes that any of the following:
9(a) The responding party failed to state a cause of action
10upon which relief can be granted.
11(b) There is no genuine issue as to any material fact and
12the moving party is entitled to judgment as a matter of law on
13the action or part of an action.
142. A voluntary dismissal without prejudice of a responding
15party’s cause of action, or part of a cause of action, that is
16the subject of a motion under section 652.3 does not affect a
17moving party’s right to obtain a ruling on the motion and seek
18costs, attorney fees, and expenses under section 652.10.
193. A voluntary dismissal with prejudice of a responding
20party’s cause of action, or part of a cause of action, that is
21the subject of a motion under section 652.3 establishes for the
22purpose of section 652.10 that the moving party prevailed on
23the motion.
24 Sec. 8. NEW SECTION. 652.8 Ruling.
25The court shall rule on a motion under section 652.3 not
26later than sixty days after a hearing under section 652.5.
27 Sec. 9. NEW SECTION. 652.9 Appeal.
28A moving party may appeal as a matter of right from an order
29denying, in whole or in part, a motion under section 652.3.
30The appeal must be filed not later than thirty days after entry
31of the order.
32 Sec. 10. NEW SECTION. 652.10 Costs, attorney fees, and
33expenses.
34On a motion under section 652.3, the court shall award court
35costs, reasonable attorney fees, and reasonable litigation
-4-1expenses related to the motion in the following circumstances:
21. To the moving party if the moving party prevails on the
3motion.
42. To the responding party if the responding party prevails
5on the motion and the court finds that the motion was frivolous
6or filed solely with intent to delay the proceeding.
7 Sec. 11. NEW SECTION. 652.11 Construction.
8This chapter shall be broadly construed and applied to
9protect the exercise of the right of freedom of speech and of
10the press, the right to assemble and petition, and the right
11of association, guaranteed by the Constitution of the United
12States or the Constitution of the State of Iowa.
13 Sec. 12. NEW SECTION. 652.12 Uniformity of application and
14construction.
15In applying and construing this chapter, consideration shall
16be given to the need to promote uniformity of the law with
17respect to its subject matter among states that enact it.
18 Sec. 13. APPLICABILITY. This Act applies to a civil action
19filed or cause of action asserted in a civil action on or after
20the effective date of this Act.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill enacts the “Uniform Public Expression Protection
25Act”, which creates a special motion for expedited relief in
26actions involving the exercise of the right of freedom of
27speech and of the press, the right to assemble and petition,
28and the right of association.
29The bill applies to a cause of action asserted in a civil
30action against a person based on the person’s communication
31in a legislative, executive, judicial, administrative, or
32other governmental proceeding; communication on an issue under
33consideration or review in a legislative, executive, judicial,
34administrative, or other governmental proceeding; or exercise
35of the person’s first amendment right on a matter of public
-5-1concern.
2The bill does not apply to causes of action against a
3governmental unit or an employee or agent of a governmental
4unit acting or purporting to act in an official capacity; by
5a governmental unit or an employee or agent of a governmental
6unit acting in an official capacity to enforce or protect
7against an imminent threat to public health or safety; or
8against a person engaged in the business of selling or leasing
9goods or services if the cause of action arises out of a
10communication related to a person’s sale or lease of the goods
11or services.
12The bill defines “goods or services” to not include the
13creation, dissemination, exhibition, or advertisement or
14similar promotion of a dramatic, literary, musical, political,
15journalistic, or artistic work, and defines “governmental unit”
16to mean a public corporation or government or governmental
17subdivision, agency, or instrumentality.
18The bill provides that no later than 60 days after being
19served with a cause of action to which the bill applies, or
20at a later time upon showing of good cause, a party may file
21a special motion for expedited relief to dismiss the cause
22of action or part of the cause of action. The filing of
23the special motion stays all other proceedings between the
24parties, and the court has discretion to stay a proceeding
25involving another party if the hearing or ruling on motion
26would adjudicate an issue material to the motion. A hearing
27shall be held no later than 60 days after filing the motion,
28unless the court orders a later hearing to allow discovery
29or for good cause. A stay remains in effect until an order
30ruling on the motion is entered and the 30-day appeal period
31following the order has concluded. During a stay, the court
32may allow limited discovery if a party shows the information
33is not reasonably available and that specific information
34is necessary to establish whether a party has satisfied the
35party’s burden under the bill. The court may also, for good
-6-1cause, hear and rule on motions unrelated to the special motion
2and a motion seeking an injunction. The bill provides that a
3motion for costs, attorney fees, and expenses is not subject
4to the special motion for expedited relief stay. The parties’
5ability to voluntarily dismiss or move to sever is not affected
6by the special motion for expedited relief stay.
7The bill provides that in ruling on a special motion for
8expedited relief, the court shall dismiss with prejudice a
9cause of action, or part of a cause of action, if the moving
10party establishes that the bill applies, the responding party
11fails to establish that the bill does not apply, and either the
12responding party fails to establish a prima facie case as to
13each essential element of the cause of action or the moving
14party establishes that the responding party failed to state a
15cause of action upon which relief can be granted or there is no
16genuine issue as to any material fact and the moving party is
17entitled to judgment as a matter of law on the cause of action
18or part of the cause of action.
19The bill provides that the court may award court costs,
20reasonable attorney fees, and reasonable litigation fees
21relating to the special motion to the prevailing party.
22The bill is a uniform Act drafted by the national conference
23of commissioners on uniform state laws. The bill applies to
24actions that are filed on or after the effective date of the
25bill.
-7-cm/ns
2actions involving the exercise of the right of freedom of
3speech and of the press, the right to assemble and petition,
4and the right of association, and including applicability
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 652.1 Title.
2This chapter may be cited as the “Uniform Public Expression
3Protection Act”.
4 Sec. 2. NEW SECTION. 652.2 Scope.
51. As used in this section:
6a. “Goods or services” does not include the creation,
7dissemination, exhibition, or advertisement or similar
8promotion of a dramatic, literary, musical, political,
9journalistic, or artistic work.
10b. “Governmental unit” means a public corporation
11or government or governmental subdivision, agency, or
12instrumentality.
132. Except as otherwise provided in subsection 3, this
14chapter applies to a cause of action asserted in a civil action
15against a person based on any of the following of the person:
16a. Communication in a legislative, executive, judicial,
17administrative, or other governmental proceeding.
18b. Communication on an issue under consideration or review
19in a legislative, executive, judicial, administrative, or other
20governmental proceeding.
21c. Exercise of the right of freedom of speech or of the
22press, the right to assemble or petition, or the right of
23association, guaranteed by the Constitution of the United
24States or the Constitution of the State of Iowa, on a matter of
25public concern.
263. This chapter does not apply to any of the following
27causes of action asserted:
28a. Against a governmental unit or an employee or agent of a
29governmental unit acting or purporting to act in an official
30capacity.
31b. By a governmental unit or an employee or agent of a
32governmental unit acting in an official capacity to enforce a
33law to protect against an imminent threat to public health or
34safety.
35c. Against a person primarily engaged in the business of
-1-1selling or leasing goods or services if the cause of action
2arises out of a communication related to the person’s sale or
3lease of the goods or services.
4 Sec. 3. NEW SECTION. 652.3 Special motion for expedited
5relief.
6Not later than sixty days after a party is served with a
7petition, crossclaim, counterclaim, third-party claim, or other
8pleading that asserts a cause of action to which this chapter
9applies, or at a later time on a showing of good cause, the
10party may file a special motion for expedited relief to dismiss
11the cause of action or part of the cause of action.
12 Sec. 4. NEW SECTION. 652.4 Stay.
131. Except as otherwise provided in subsections 4 through
147, on the filing of a motion under section 652.3, all of the
15following apply:
16a. All other proceedings between the moving party and
17responding party, including discovery and a pending hearing or
18motion, are stayed.
19b. On motion by the moving party, the court may stay a
20hearing or motion involving another party, or discovery by
21another party, if the hearing or ruling on the motion would
22adjudicate, or the discovery would relate to, an issue material
23to the motion under section 652.3.
242. A stay under subsection 1 remains in effect until entry
25of an order ruling on the motion under section 652.3 and
26expiration of the time under section 652.9 for the moving party
27to appeal the order.
283. Except as otherwise provided in subsections 5, 6,
29and 7, if a party appeals from an order ruling on a motion
30under section 652.3, all proceedings between all parties in
31the action are stayed. The stay remains in effect until the
32conclusion of the appeal.
334. During a stay under subsection 1, the court may allow
34limited discovery if a party shows that specific information is
35necessary to establish whether a party has satisfied or failed
-2-1to satisfy a burden under section 652.7, subsection 1, and the
2information is not reasonably available unless discovery is
3allowed.
45. A motion under section 652.10 for costs, attorney fees,
5and expenses is not subject to a stay under this section.
66. A stay under this section does not affect a party’s
7ability to voluntarily dismiss a cause of action or part of a
8cause of action or move to sever a cause of action.
97. During a stay under this section, the court for good
10cause may hear and rule on all of the following:
11a. A motion unrelated to the motion under section 652.3.
12b. A motion seeking a special or preliminary injunction to
13protect against an imminent threat to public health or safety.
14 Sec. 5. NEW SECTION. 652.5 Hearing.
151. The court shall hear a motion under section 652.3 not
16later than sixty days after filing of the motion, unless the
17court orders a later hearing for any of the following:
18a. To allow discovery under section 652.4, subsection 4.
19b. For other good cause.
202. If the court orders a later hearing under subsection 1,
21paragraph “a”, the court shall hear the motion under section
22652.3 not later than sixty days after the court order allowing
23the discovery, unless the court orders a later hearing under
24subsection 1, paragraph “b”.
25 Sec. 6. NEW SECTION. 652.6 Proof.
26In ruling on a motion under section 652.3, the court shall
27consider the pleadings, the motion, any reply or response to
28the motion, and any evidence that could be considered in ruling
29on a motion for summary judgment under rule of civil procedure
301.981.
31 Sec. 7. NEW SECTION. 652.7 Dismissal of cause of action in
32whole or part.
331. In ruling on a motion under section 652.3, the court
34shall dismiss with prejudice a cause of action, or part of a
35cause of action, if all of the following are true:
-3- 1a. The moving party establishes under section 652.2,
2subsection 2, that this chapter applies.
3b. The responding party fails to establish under section
4652.2, subsection 3, that this chapter does not apply.
5c. Any of the following are true:
6(1) The responding party fails to establish a prima facie
7case as to each essential element of the cause of action.
8(2) The moving party establishes that any of the following:
9(a) The responding party failed to state a cause of action
10upon which relief can be granted.
11(b) There is no genuine issue as to any material fact and
12the moving party is entitled to judgment as a matter of law on
13the action or part of an action.
142. A voluntary dismissal without prejudice of a responding
15party’s cause of action, or part of a cause of action, that is
16the subject of a motion under section 652.3 does not affect a
17moving party’s right to obtain a ruling on the motion and seek
18costs, attorney fees, and expenses under section 652.10.
193. A voluntary dismissal with prejudice of a responding
20party’s cause of action, or part of a cause of action, that is
21the subject of a motion under section 652.3 establishes for the
22purpose of section 652.10 that the moving party prevailed on
23the motion.
24 Sec. 8. NEW SECTION. 652.8 Ruling.
25The court shall rule on a motion under section 652.3 not
26later than sixty days after a hearing under section 652.5.
27 Sec. 9. NEW SECTION. 652.9 Appeal.
28A moving party may appeal as a matter of right from an order
29denying, in whole or in part, a motion under section 652.3.
30The appeal must be filed not later than thirty days after entry
31of the order.
32 Sec. 10. NEW SECTION. 652.10 Costs, attorney fees, and
33expenses.
34On a motion under section 652.3, the court shall award court
35costs, reasonable attorney fees, and reasonable litigation
-4-1expenses related to the motion in the following circumstances:
21. To the moving party if the moving party prevails on the
3motion.
42. To the responding party if the responding party prevails
5on the motion and the court finds that the motion was frivolous
6or filed solely with intent to delay the proceeding.
7 Sec. 11. NEW SECTION. 652.11 Construction.
8This chapter shall be broadly construed and applied to
9protect the exercise of the right of freedom of speech and of
10the press, the right to assemble and petition, and the right
11of association, guaranteed by the Constitution of the United
12States or the Constitution of the State of Iowa.
13 Sec. 12. NEW SECTION. 652.12 Uniformity of application and
14construction.
15In applying and construing this chapter, consideration shall
16be given to the need to promote uniformity of the law with
17respect to its subject matter among states that enact it.
18 Sec. 13. APPLICABILITY. This Act applies to a civil action
19filed or cause of action asserted in a civil action on or after
20the effective date of this Act.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill enacts the “Uniform Public Expression Protection
25Act”, which creates a special motion for expedited relief in
26actions involving the exercise of the right of freedom of
27speech and of the press, the right to assemble and petition,
28and the right of association.
29The bill applies to a cause of action asserted in a civil
30action against a person based on the person’s communication
31in a legislative, executive, judicial, administrative, or
32other governmental proceeding; communication on an issue under
33consideration or review in a legislative, executive, judicial,
34administrative, or other governmental proceeding; or exercise
35of the person’s first amendment right on a matter of public
-5-1concern.
2The bill does not apply to causes of action against a
3governmental unit or an employee or agent of a governmental
4unit acting or purporting to act in an official capacity; by
5a governmental unit or an employee or agent of a governmental
6unit acting in an official capacity to enforce or protect
7against an imminent threat to public health or safety; or
8against a person engaged in the business of selling or leasing
9goods or services if the cause of action arises out of a
10communication related to a person’s sale or lease of the goods
11or services.
12The bill defines “goods or services” to not include the
13creation, dissemination, exhibition, or advertisement or
14similar promotion of a dramatic, literary, musical, political,
15journalistic, or artistic work, and defines “governmental unit”
16to mean a public corporation or government or governmental
17subdivision, agency, or instrumentality.
18The bill provides that no later than 60 days after being
19served with a cause of action to which the bill applies, or
20at a later time upon showing of good cause, a party may file
21a special motion for expedited relief to dismiss the cause
22of action or part of the cause of action. The filing of
23the special motion stays all other proceedings between the
24parties, and the court has discretion to stay a proceeding
25involving another party if the hearing or ruling on motion
26would adjudicate an issue material to the motion. A hearing
27shall be held no later than 60 days after filing the motion,
28unless the court orders a later hearing to allow discovery
29or for good cause. A stay remains in effect until an order
30ruling on the motion is entered and the 30-day appeal period
31following the order has concluded. During a stay, the court
32may allow limited discovery if a party shows the information
33is not reasonably available and that specific information
34is necessary to establish whether a party has satisfied the
35party’s burden under the bill. The court may also, for good
-6-1cause, hear and rule on motions unrelated to the special motion
2and a motion seeking an injunction. The bill provides that a
3motion for costs, attorney fees, and expenses is not subject
4to the special motion for expedited relief stay. The parties’
5ability to voluntarily dismiss or move to sever is not affected
6by the special motion for expedited relief stay.
7The bill provides that in ruling on a special motion for
8expedited relief, the court shall dismiss with prejudice a
9cause of action, or part of a cause of action, if the moving
10party establishes that the bill applies, the responding party
11fails to establish that the bill does not apply, and either the
12responding party fails to establish a prima facie case as to
13each essential element of the cause of action or the moving
14party establishes that the responding party failed to state a
15cause of action upon which relief can be granted or there is no
16genuine issue as to any material fact and the moving party is
17entitled to judgment as a matter of law on the cause of action
18or part of the cause of action.
19The bill provides that the court may award court costs,
20reasonable attorney fees, and reasonable litigation fees
21relating to the special motion to the prevailing party.
22The bill is a uniform Act drafted by the national conference
23of commissioners on uniform state laws. The bill applies to
24actions that are filed on or after the effective date of the
25bill.
-7-cm/ns