Text: HF00355 Text: HF00357 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 331.756, Code 1999, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 77A. Represent persons pursuant to
1 4 section 613.20.
1 5 Sec. 2. NEW SECTION. 613.20 IMMUNITY FOR PUBLIC
1 6 PARTICIPATION – LIABILITY FOR DAMAGES FOR ABUSE OF PROCESS.
1 7 1. As used in this section:
1 8 a. "Civil suit" means any civil claim, counterclaim, or
1 9 cross-claim.
1 10 b. "Good faith" means a reasonable belief in the truth of
1 11 the information conveyed and a genuine interest in the matter
1 12 of public interest or concern.
1 13 c. "Public participation" means the process of making a
1 14 written, oral, or symbolic nonverbal statement or
1 15 communication pertaining to an issue under consideration or
1 16 review by a governmental body or in a governmental proceeding,
1 17 or otherwise pertaining to an issue of public interest or
1 18 concern, that is intended to encourage consideration or review
1 19 of the issue, influence action on the issue, or to enlist
1 20 public support or action in relation to the issue.
1 21 d. "Symbolic nonverbal statement or communication" means
1 22 an action undertaken in lieu of verbal expression that conveys
1 23 the actor's message or position regarding a matter of public
1 24 interest or concern.
1 25 2. A person is immune from civil suit in relation to the
1 26 person's good faith public participation in a matter of public
1 27 interest or concern.
1 28 3. A person immune from civil suit pursuant to subsection
1 29 2, in addition to other rights and remedies available under
1 30 law, shall have the following rights in the event a civil suit
1 31 is filed against such person:
1 32 a. To request and be granted an expedited hearing on a
1 33 motion to dismiss the suit.
1 34 b. To have the suit dismissed upon motion if the court
1 35 finds that the plaintiff is unlikely to prevail upon the
2 1 merits, and that the suit was more likely than not filed for
2 2 its chilling effect upon the speech or actions of the
2 3 defendant or other persons.
2 4 c. To request and be granted an injunction staying
2 5 governmental action on the public matter underlying the suit.
2 6 d. To request and be granted appropriate limits on
2 7 discovery.
2 8 e. To request and be granted an expedited trial and
2 9 appeal, if applicable.
2 10 f. To be represented in the suit by the attorney general,
2 11 or in the alternative by the county attorney, or by court-
2 12 appointed, pro bono counsel in the event both the attorney
2 13 general and the county attorney cannot represent the person.
2 14 4. A person that unreasonably files a civil suit against a
2 15 person immune from suit under subsection 2 is liable for abuse
2 16 of process and compensatory damages, including recovery of
2 17 litigation costs and attorney fees, and is also liable for
2 18 punitive damages if both of the following findings are made by
2 19 the court:
2 20 a. The court finds by a preponderance of the evidence that
2 21 the suit was primarily filed in order to chill the speech or
2 22 actions of the person sued, or to deter speech or action by
2 23 other parties in relation to the same plaintiff or the same
2 24 matter of public interest or concern.
2 25 b. The court finds by a preponderance of the evidence that
2 26 the suit cannot be supported by existing law or by a good
2 27 faith argument for the extension of existing law.
2 28 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 29 immediate importance, takes effect upon enactment.
2 30 EXPLANATION
2 31 This bill adds a new section to Code chapter 613 regarding
2 32 civil causes of action.
2 33 The bill establishes immunity from civil suit for a person
2 34 who, in good faith, publicly participates in a matter of
2 35 public interest or concern. The bill defines public
3 1 participation to mean the process of making a written, oral,
3 2 or symbolic nonverbal statement or communication pertaining to
3 3 an issue under consideration or review by a governmental body
3 4 or in a governmental proceeding, or otherwise pertaining to an
3 5 issue of public interest or concern, that is intended to
3 6 encourage consideration or review of the issue, influence
3 7 action on the issue, or to enlist public support or action in
3 8 relation to the issue.
3 9 The bill also provides certain rights to a person who is
3 10 civilly sued in spite of such immunity, including the right to
3 11 request and be granted an expedited hearing on a motion to
3 12 dismiss the suit; to have the suit dismissed upon motion if
3 13 the court finds that the plaintiff is unlikely to prevail upon
3 14 the merits, and that the suit was more likely than not filed
3 15 for its chilling effect upon the speech or actions of the
3 16 defendant or other persons; to request and be granted an
3 17 injunction staying governmental action on the public matter
3 18 underlying the suit; to request and be granted appropriate
3 19 limits on discovery; to request and be granted an expedited
3 20 trial and appeal, if applicable; and to be represented in the
3 21 suit by the attorney general, the county attorney, or court-
3 22 appointed, pro bono counsel. A related amendment is made to
3 23 Code section 331.756.
3 24 A person that unreasonably files a civil suit against a
3 25 person immune from suit is liable for abuse of process and
3 26 compensatory damages, including recovery of litigation costs
3 27 and attorney fees. The person is also liable for punitive
3 28 damages if the court finds, by a preponderance of the
3 29 evidence, that the suit was primarily filed in order to chill
3 30 the speech or actions of the person sued, or to deter speech
3 31 or action by other parties in relation to the same plaintiff
3 32 or the same matter of public interest or concern, and that the
3 33 suit cannot be supported by existing law or by a good faith
3 34 argument for the extension of existing law.
3 35 LSB 1559HH 78
4 1 jj/cf/24
Text: HF00355 Text: HF00357 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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