Text: SF00449 Text: SF00451 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 613.20 IMMUNITY FOR
1 2 PARTICIPATION IN GOVERNMENT.
1 3 1. As used in this section:
1 4 a. "Claim" means any lawsuit, cause of action, claim,
1 5 cross-claim, counterclaim, or other pleading or filing
1 6 requesting relief.
1 7 b. "Government" includes a branch, department, agency,
1 8 instrumentality, official, employee, agent, or other person
1 9 acting under color of law of the state, or any political
1 10 subdivision, or another public authority, including the
1 11 electorate.
1 12 c. "Motion" includes any motion to dismiss, for summary
1 13 judgment, for judgment on the pleadings, to strike, or any
1 14 other pleading filed to dispose of a judicial claim.
1 15 d. "Moving party" means any person on whose behalf the
1 16 motion described in subsection 3 is filed seeking dismissal of
1 17 the claim.
1 18 e. "Responding party" means any person against whom the
1 19 motion described in subsection 3 is filed.
1 20 2. A person who acts in furtherance of the constitutional
1 21 right to petition for a redress of grievances, including but
1 22 not limited to seeking relief, influencing action, informing,
1 23 communicating, and otherwise participating in the processes of
1 24 government, shall be immune from civil liability, regardless
1 25 of intent or purpose, except where not aimed at procuring any
1 26 governmental or electoral action, result, or outcome.
1 27 3. A motion to dispose of a claim in a judicial proceeding
1 28 on the grounds that the claim is based on, relates to, or is
1 29 in response to any act of a moving party in furtherance of the
1 30 moving party's rights as described in subsection 2 shall be
1 31 treated like a motion for summary judgment, but shall not bar
1 32 a motion for summary judgment from later being filed on other
1 33 grounds.
1 34 a. The court shall treat the motion as one requiring an
1 35 expedited hearing.
2 1 b. The moving party shall have a right of expedited appeal
2 2 from a court order denying such a motion or from a failure by
2 3 the court to rule on such motion in an expedited manner.
2 4 c. Discovery shall be suspended, pending decision on the
2 5 motion and appeals.
2 6 d. The responding party shall have the burden of proof, of
2 7 going forward with the evidence, and of persuasion on the
2 8 motion.
2 9 e. The court shall make its determination based upon the
2 10 facts contained in the pleadings and affidavits filed with the
2 11 pleadings.
2 12 f. The court shall grant the motion and dismiss the claim
2 13 unless the responding party has produced clear and convincing
2 14 evidence that the acts of the moving party are not immunized
2 15 from liability by subsection 2.
2 16 g. Any government body to which the moving party's acts
2 17 were directed or the attorney general may intervene to defend
2 18 or otherwise support the moving party.
2 19 h. If the court dismisses the claim, the court shall do
2 20 both of the following:
2 21 (1) Award to the moving party the costs of litigation,
2 22 including reasonable attorney and expert witness fees.
2 23 (2) Impose additional sanctions upon the responding party,
2 24 its attorneys, or law firms, as it determines will be
2 25 sufficient to deter repetition of such conduct and comparable
2 26 conduct by others similarly situated.
2 27 4. A person damaged or injured by reason of a claim filed
2 28 in violation of the person's rights under this section may
2 29 seek relief in the form of a claim for actual or compensatory
2 30 damages, as well as punitive damages, attorney fees, and
2 31 costs, from the person or persons responsible.
2 32 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
2 33 immediate importance, takes effect upon enactment.
2 34 EXPLANATION
2 35 This bill provides immunity from civil lawsuit for acts
3 1 undertaken by a person in furtherance of the person's right to
3 2 petition government for a redress of grievances. This type of
3 3 law is also known as an anti-SLAPP provision, designed to
3 4 prevent Strategic Lawsuits Against Public Participation
3 5 (SLAPP).
3 6 The bill establishes new Code section 613.20, which
3 7 provides definitions, and sets forth the immunity for persons
3 8 who seek relief from the government, attempt to influence
3 9 governmental action, inform, communicate, and otherwise
3 10 participate in the processes of government, regardless of
3 11 intent or purpose, provided the action aims to procure a
3 12 governmental or electoral action, result, or outcome.
3 13 The new Code section also provides for an expedited
3 14 decision on a motion filed to determine whether a suit has
3 15 been filed in violation of the immunity established by this
3 16 section, and whether the claim should be dismissed. The
3 17 procedure requires suspension of discovery pending resolution
3 18 of the motion and its appeals, and places on the responding
3 19 party (the party filing the lawsuit) the burden of proof, of
3 20 going forward with the evidence, and of persuasion on the
3 21 motion. The responding party must establish by clear and
3 22 convincing evidence that the acts of the moving party are not
3 23 immunized from liability in order to prevail on the motion and
3 24 to continue with the lawsuit.
3 25 The attorney general or other governmental body is
3 26 authorized to intervene to defend or otherwise support the
3 27 moving party. If the motion is granted and the claim is
3 28 dismissed, the court is directed to award the moving party
3 29 litigation costs, and to sanction the responding party, its
3 30 attorneys, or law firms, as it determines will be sufficient
3 31 to deter repetition of such conduct and comparable conduct by
3 32 others similarly situated.
3 33 Finally, a person damaged by a claim filed in violation of
3 34 the person's rights may file a claim for damages, including
3 35 punitive damages, against the responsible parties.
4 1 The bill takes effect upon enactment.
4 2 LSB 2140SS 78
4 3 jj/jw/5
Text: SF00449 Text: SF00451 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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