Text: H01508 Text: H01510 Text: H01500 - H01599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 405, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 1, by inserting before line 1 the
1 4 following:
1 5 "Section 101. Section 331.756, Code 1999, is
1 6 amended by adding the following new subsection:
1 7 NEW SUBSECTION. 77A. Represent persons pursuant
1 8 to section 613.20."
1 9 #2. Page 5, by inserting after line 25 the
1 10 following:
1 11 "Sec. 102. NEW SECTION. 613.20 IMMUNITY FOR
1 12 PUBLIC PARTICIPATION – LIABILITY FOR DAMAGES FOR
1 13 ABUSE OF PROCESS.
1 14 1. As used in this section:
1 15 a. "Civil suit" means any civil claim,
1 16 counterclaim, or cross-claim.
1 17 b. "Good faith" means a reasonable belief in the
1 18 truth of the information conveyed and a genuine
1 19 interest in the matter of public interest or concern.
1 20 c. "Public participation" means the process of
1 21 making a written, oral, or symbolic nonverbal
1 22 statement or communication pertaining to an issue
1 23 under consideration or review by a governmental body
1 24 or in a governmental proceeding, or otherwise
1 25 pertaining to an issue of public interest or concern,
1 26 that is intended to encourage consideration or review
1 27 of the issue, influence action on the issue, or to
1 28 enlist public support or action in relation to the
1 29 issue.
1 30 d. "Symbolic nonverbal statement or communication"
1 31 means an action undertaken in lieu of verbal
1 32 expression that conveys the actor's message or
1 33 position regarding a matter of public interest or
1 34 concern.
1 35 2. A person is immune from civil suit in relation
1 36 to the person's good faith public participation in a
1 37 matter of public interest or concern.
1 38 3. A person immune from civil suit pursuant to
1 39 subsection 2, in addition to other rights and remedies
1 40 available under law, shall have the following rights
1 41 in the event a civil suit is filed against such
1 42 person:
1 43 a. To request and be granted an expedited hearing
1 44 on a motion to dismiss the suit.
1 45 b. To have the suit dismissed upon motion if the
1 46 court finds that the plaintiff is unlikely to prevail
1 47 upon the merits, and that the suit was more likely
1 48 than not filed for its chilling effect upon the speech
1 49 or actions of the defendant or other persons.
1 50 c. To request and be granted an injunction staying
2 1 governmental action on the public matter underlying
2 2 the suit.
2 3 d. To request and be granted appropriate limits on
2 4 discovery.
2 5 e. To request and be granted an expedited trial
2 6 and appeal, if applicable.
2 7 f. To be represented in the suit by the attorney
2 8 general, or in the alternative by the county attorney,
2 9 or by court-appointed, pro bono counsel in the event
2 10 both the attorney general and the county attorney
2 11 cannot represent the person.
2 12 4. A person that unreasonably files a civil suit
2 13 against a person immune from suit under subsection 2
2 14 is liable for abuse of process and compensatory
2 15 damages, including recovery of litigation costs and
2 16 attorney fees, and is also liable for punitive damages
2 17 if both of the following findings are made by the
2 18 court:
2 19 a. The court finds by a preponderance of the
2 20 evidence that the suit was primarily filed in order to
2 21 chill the speech or actions of the person sued, or to
2 22 deter speech or action by other parties in relation to
2 23 the same plaintiff or the same matter of public
2 24 interest or concern.
2 25 b. The court finds by a preponderance of the
2 26 evidence that the suit cannot be supported by existing
2 27 law or by a good faith argument for the extension of
2 28 existing law.
2 29 Sec. 103. EFFECTIVE DATE. Sections 101 and 102 of
2 30 this Act, being deemed of immediate importance, take
2 31 effect upon enactment."
2 32 #3. Title page, line 3, by inserting after the
2 33 word "problem" the following: "and out of
2 34 participation in good faith in matters of public
2 35 concern, and providing an effective date".
2 36 #4. By renumbering as necessary.
2 37
2 38
2 39
2 40 FALLON of Polk
2 41 SF 405.507 78
2 42 mj/jw
Text: H01508 Text: H01510 Text: H01500 - H01599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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