H.F. 456 Section 1. NEW SECTION . 652.1 Title. 1 This chapter may be cited as the “Uniform Public Expression 2 Protection Act” . 3 Sec. 2. NEW SECTION . 652.2 Scope. 4 1. As used in this section: 5 a. “Goods or services” does not include the creation, 6 dissemination, exhibition, or advertisement or similar 7 promotion of a dramatic, literary, musical, political, 8 journalistic, or artistic work. 9 b. “Governmental unit” means a public corporation 10 or government or governmental subdivision, agency, or 11 instrumentality. 12 c. “Person” means an individual, estate, trust, partnership, 13 business or nonprofit entity, governmental unit, or other legal 14 entity. 15 2. Except as otherwise provided in subsection 3, this 16 chapter applies to a cause of action asserted in a civil action 17 against a person based on any of the following of the person: 18 a. Communication in a legislative, executive, judicial, 19 administrative, or other governmental proceeding. 20 b. Communication on an issue under consideration or review 21 in a legislative, executive, judicial, administrative, or other 22 governmental proceeding. 23 c. Exercise of the right of freedom of speech or of the 24 press, the right to assemble or petition, or the right of 25 association, guaranteed by the Constitution of the United 26 States or the Constitution of the State of Iowa, on a matter of 27 public concern. 28 3. This chapter does not apply to any of the following 29 causes of action asserted: 30 a. Against a governmental unit or an employee or agent of a 31 governmental unit acting or purporting to act in an official 32 capacity. 33 b. By a governmental unit or an employee or agent of a 34 governmental unit acting in an official capacity to enforce a 35 -1- LSB 1427HV (2) 89 cm/jh 1/ 7

H.F. 456 law to protect against an imminent threat to public health or 1 safety. 2 c. Against a person primarily engaged in the business of 3 selling or leasing goods or services if the cause of action 4 arises out of a communication related to the person’s sale or 5 lease of the goods or services. 6 Sec. 3. NEW SECTION . 652.3 Special motion for expedited 7 relief. 8 Not later than sixty days after a party is served with a 9 petition, crossclaim, counterclaim, third-party claim, or other 10 pleading that asserts a cause of action to which this chapter 11 applies, or at a later time on a showing of good cause, the 12 party may file a special motion for expedited relief to dismiss 13 the cause of action or part of the cause of action. 14 Sec. 4. NEW SECTION . 652.4 Stay. 15 1. Except as otherwise provided in subsections 4 through 16 7, on the filing of a motion under section 652.3, all of the 17 following apply: 18 a. All other proceedings between the moving party and 19 responding party, including discovery and a pending hearing or 20 motion, are stayed. 21 b. On motion by the moving party, the court may stay a 22 hearing or motion involving another party, or discovery by 23 another party, if the hearing or ruling on the motion would 24 adjudicate, or the discovery would relate to, an issue material 25 to the motion under section 652.3. 26 2. A stay under subsection 1 remains in effect until entry 27 of an order ruling on the motion under section 652.3 and 28 expiration of the time under section 652.9 for the moving party 29 to appeal the order. 30 3. Except as otherwise provided in subsections 5, 6, 31 and 7, if a party appeals from an order ruling on a motion 32 under section 652.3, all proceedings between all parties in 33 the action are stayed. The stay remains in effect until the 34 conclusion of the appeal. 35 -2- LSB 1427HV (2) 89 cm/jh 2/ 7

H.F. 456 4. During a stay under subsection 1, the court may allow 1 limited discovery if a party shows that specific information is 2 necessary to establish whether a party has satisfied or failed 3 to satisfy a burden under section 652.7, subsection 1, and the 4 information is not reasonably available unless discovery is 5 allowed. 6 5. A motion under section 652.10 for costs, attorney fees, 7 and expenses is not subject to a stay under this section. 8 6. A stay under this section does not affect a party’s 9 ability voluntarily to dismiss a cause of action or part of a 10 cause of action or move to sever a cause of action. 11 7. During a stay under this section, the court for good 12 cause may hear and rule on all of the following: 13 a. A motion unrelated to the motion under section 652.3. 14 b. A motion seeking a special or preliminary injunction to 15 protect against an imminent threat to public health or safety. 16 Sec. 5. NEW SECTION . 652.5 Hearing. 17 1. The court shall hear a motion under section 652.3 not 18 later than sixty days after filing of the motion, unless the 19 court orders a later hearing for any of the following: 20 a. To allow discovery under section 652.4, subsection 4. 21 b. For other good cause. 22 2. If the court orders a later hearing under subsection 1, 23 paragraph “a” , the court shall hear the motion under section 24 652.3 not later than sixty days after the court order allowing 25 the discovery, unless the court orders a later hearing under 26 subsection 1, paragraph “b” . 27 Sec. 6. NEW SECTION . 652.6 Proof. 28 In ruling on a motion under section 652.3, the court shall 29 consider the pleadings, the motion, any reply or response to 30 the motion, and any evidence that could be considered in ruling 31 on a motion for summary judgment under rule of civil procedure 32 1.981. 33 Sec. 7. NEW SECTION . 652.7 Dismissal of cause of action in 34 whole or part. 35 -3- LSB 1427HV (2) 89 cm/jh 3/ 7

H.F. 456 1. In ruling on a motion under section 652.3, the court 1 shall dismiss with prejudice a cause of action, or part of a 2 cause of action, if all of the following are true: 3 a. The moving party establishes under section 652.2, 4 subsection 2, that this chapter applies. 5 b. The responding party fails to establish under section 6 652.2, subsection 3, that this chapter does not apply. 7 c. Any of the following are true: 8 (1) The responding party fails to establish a prima facie 9 case as to each essential element of the cause of action. 10 (2) The moving party establishes that any of the following: 11 (a) The responding party failed to state a cause of action 12 upon which relief can be granted. 13 (b) There is no genuine issue as to any material fact and 14 the moving party is entitled to judgment as a matter of law on 15 the action or part of an action. 16 2. A voluntary dismissal without prejudice of a responding 17 party’s cause of action, or part of a cause of action, that is 18 the subject of a motion under section 652.3 does not affect a 19 moving party’s right to obtain a ruling on the motion and seek 20 costs, attorney fees, and expenses under section 652.10. 21 3. A voluntary dismissal with prejudice of a responding 22 party’s cause of action, or part of a cause of action, that is 23 the subject of a motion under section 652.3 establishes for the 24 purpose of section 652.10 that the moving party prevailed on 25 the motion. 26 Sec. 8. NEW SECTION . 652.8 Ruling. 27 The court shall rule on a motion under section 652.3 not 28 later than sixty days after a hearing under section 652.5. 29 Sec. 9. NEW SECTION . 652.9 Appeal. 30 A moving party may appeal as a matter of right from an order 31 denying, in whole or in part, a motion under section 652.3. 32 The appeal must be filed not later than thirty days after 33 entry of the order. 34 Sec. 10. NEW SECTION . 652.10 Costs, attorney fees, and 35 -4- LSB 1427HV (2) 89 cm/jh 4/ 7

H.F. 456 expenses. 1 On a motion under section 652.3, the court shall award court 2 costs, reasonable attorney fees, and reasonable litigation 3 expenses related to the motion in the following circumstances: 4 1. To the moving party if the moving party prevails on the 5 motion. 6 2. To the responding party if the responding party prevails 7 on the motion and the court finds that the motion was frivolous 8 or filed solely with intent to delay the proceeding. 9 Sec. 11. NEW SECTION . 652.11 Construction. 10 This chapter shall be broadly construed and applied to 11 protect the exercise of the right of freedom of speech and of 12 the press, the right to assemble and petition, and the right 13 of association, guaranteed by the Constitution of the United 14 States or the Constitution of the State of Iowa. 15 Sec. 12. NEW SECTION . 652.12 Uniformity of application and 16 construction. 17 In applying and construing this chapter, consideration shall 18 be given to the need to promote uniformity of the law with 19 respect to its subject matter among states that enact it. 20 Sec. 13. NEW SECTION . 652.13 Transitional provision. 21 This chapter applies to a civil action filed or cause of 22 action asserted in a civil action on or after the effective 23 date of this Act. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill enacts the “Uniform Public Expression Protection 28 Act”, which creates a special motion for expedited relief in 29 actions involving the exercise of the right of freedom of 30 speech and of the press, the right to assemble and petition, 31 and the right of association. 32 The bill establishes that the new Code chapter applies 33 to cause of action asserted in a civil action against a 34 person based on the person’s communication in a legislative, 35 -5- LSB 1427HV (2) 89 cm/jh 5/ 7

H.F. 456 executive, judicial, administrative, or other governmental 1 proceeding; communication on an issue under consideration or 2 review in a legislative, executive, judicial, administrative, 3 or other governmental proceeding; or exercise of the person’s 4 first amendment right on a matter of public concern. 5 The bill does not apply to causes of action against a 6 governmental unit, an employee or agent of a governmental unit 7 acting or purporting to act in an official capacity; by a 8 governmental unit, an employee or agent of a governmental unit 9 acting in an official capacity to enforce or protect against an 10 imminent threat to public health or safety, or against a person 11 engaged in the business of selling or leasing goods or services 12 if the cause of action arises out of a communication related to 13 a person’s sale or lease of the goods or services. 14 The bill defines “goods or services” to not include the 15 creation, dissemination, exhibition, or advertisement or 16 similar promotion of a dramatic, literary, musical, political, 17 journalistic, or artistic work and defines “governmental unit” 18 to mean a public corporation or government or governmental 19 subdivision, agency, or instrumentality. 20 The bill provides that no later than 60 days after being 21 served with a cause of action to which the new Code chapter 22 applies, or at a later time upon showing of good cause, a party 23 may file a special motion for expedited relief to dismiss the 24 cause of action or part of the cause of action. The filing 25 of special motion stays all other proceedings between the 26 parties, and the court has discretion to stay a proceeding 27 involving another party if the hearing or ruling on motion 28 would adjudicate an issue material to the motion. A hearing 29 shall be held no later than 60 days after filing the motion, 30 unless the court orders a later hearing to allow discovery or 31 for good cause. A stay remains in effect until an order ruling 32 on the motion is entered and the 30-day appeal period following 33 the order has concluded. During a stay, the court may allow 34 limited discovery if a party shows the information is not 35 -6- LSB 1427HV (2) 89 cm/jh 6/ 7

H.F. 456 reasonably available and that specific information is necessary 1 to establish whether a party has satisfied the party’s burden 2 under the new Code chapter. The court may also, for good 3 cause, hear and rule on motions unrelated to the special motion 4 and a motion seeking an injunction. The bill provides that a 5 motion for costs, attorney fees, and expenses is not subject 6 to the special motion for expedited relief stay. The parties’ 7 ability to voluntarily dismiss or move to sever is not affected 8 by the special motion for expedited relief stay. 9 The bill provides that in ruling on a special motion for 10 expedited relief, the court shall dismiss with prejudice a 11 cause of action, or part of a cause of action, if the moving 12 party establishes that the new Code chapter applies, the 13 responding party fails to establish that the new Code chapter 14 does not apply, and either the responding party fails to 15 establish a prima facie case as to each essential element of 16 the cause of action or the moving party establishes that the 17 responding party failed to state a cause of action upon which 18 relief can be granted or there is no genuine issue as to any 19 material fact and the moving party is entitled to judgment as 20 a matter of law on the cause of action or part of the cause of 21 action. 22 The bill provides that the court may award court costs, 23 reasonable attorney fees, and reasonable litigation fees 24 relating to the special motion to the prevailing party. 25 The bill is a uniform Act drafted by the National Conference 26 of Commissioners on Uniform State Laws. The bill provides that 27 the Code chapter applies to actions that are filed on or after 28 the effective date of the bill. 29 -7- LSB 1427HV (2) 89 cm/jh 7/ 7