H.F. _____ Section 1. NEW SECTION . 619.20 Protection of public 1 participation —— special motion to strike. 2 1. The general assembly finds and declares that it is in the 3 public interest to encourage continued participation in matters 4 of public significance, and that this participation should not 5 be chilled through abuse of the judicial process. To this end, 6 this section shall be construed broadly. 7 2. As used in this section, unless the context otherwise 8 requires: 9 a. “Act in furtherance of the person’s right of petition or 10 free speech under the Constitution of the United States or the 11 Constitution of the State of Iowa in connection with a public 12 issue” includes all of the following: 13 (1) Any written or oral statement or writing made before a 14 legislative, executive, or judicial proceeding, or any other 15 official proceeding authorized by law. 16 (2) Any written or oral statement or writing made in 17 connection with an issue under consideration or review by a 18 legislative, executive, or judicial body, or any other official 19 proceeding authorized by law. 20 (3) Any written or oral statement or writing made in a place 21 open to the public or a public forum in connection with an 22 issue of public interest. 23 (4) Any other conduct in furtherance of the exercise of the 24 constitutional right of petition or the constitutional right 25 of free speech in connection with a public issue or an issue of 26 public interest. 27 b. “Complaint” includes a cross-complaint and a petition. 28 c. “Defendant” includes a cross-defendant and a respondent. 29 d. “Plaintiff” includes a cross-complainant and a 30 petitioner. 31 3. a. A cause of action against a person arising from any 32 act or omission of that person in furtherance of the person’s 33 right of petition or free speech under the Constitution of 34 the United States or the Constitution of the State of Iowa in 35 -1- LSB 1204YC (3) 89 cm/jh 1/ 5

H.F. _____ connection with a public issue shall be subject to a special 1 motion to strike, unless the court determines the plaintiff has 2 established there is a probability the plaintiff will prevail 3 on the claim. 4 b. In making its determination, the court shall consider the 5 pleadings and supporting and opposing affidavits stating the 6 facts upon which the liability or defense is based. 7 c. If the court determines the plaintiff has established 8 a probability that the plaintiff will prevail on the claim, 9 neither that determination nor the fact of that determination 10 shall be admissible in evidence at any later stage of the 11 case, or in any subsequent action, and no burden of proof 12 or degree of proof otherwise applicable shall be affected by 13 that determination in any later stage of the case or in any 14 subsequent proceeding. 15 4. a. Except as provided in paragraph “b” , in any action 16 subject to subsection 3, a prevailing defendant on a special 17 motion to strike shall be entitled to recover costs and 18 reasonable attorney fees. If the court finds that a special 19 motion to strike is frivolous or is solely intended to cause 20 unnecessary delay, the court shall award costs and reasonable 21 attorney fees incurred in opposing the motion to a plaintiff 22 prevailing on the motion. 23 b. A defendant who prevails on a special motion to strike 24 in an action subject to paragraph “a” shall not be entitled 25 to costs and attorney fees if that cause of action is brought 26 pursuant to chapter 21, 22, or 23. 27 5. The special motion may be filed within sixty days after 28 the service of the complaint or, in the court’s discretion, at 29 any later time upon terms the court deems proper. The motion 30 shall be scheduled for a hearing not more than thirty days 31 after the service of the motion unless the docket conditions of 32 the court require a later hearing. 33 6. All discovery proceedings in the action shall be stayed 34 upon the filing of a notice of motion made pursuant to this 35 -2- LSB 1204YC (3) 89 cm/jh 2/ 5

H.F. _____ section. The stay of discovery shall remain in effect until 1 notice of entry of the order ruling on the motion. The 2 court, on noticed motion and for good cause shown, may order 3 that specified discovery be conducted notwithstanding this 4 subsection. 5 7. An order granting or denying a special motion to strike 6 shall be appealable under the rules of appellate procedure. 7 8. This section shall not apply to any enforcement action 8 brought by the attorney general, a district attorney, a 9 county attorney, a city attorney, or any attorney charged with 10 prosecuting violations of state or local laws. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to causes of action arising from a person’s 15 participation in matters of public significance. 16 The bill defines an “act in furtherance of the person’s right 17 of petition or free speech under the Constitution of the United 18 States or the Constitution of the State of Iowa in connection 19 with a public issue” to include all of the following: any 20 written or oral statement or writing made before a legislative, 21 executive, or judicial proceeding, or any other official 22 proceeding authorized by law; any written or oral statement or 23 writing made in connection with an issue under consideration or 24 review by a legislative, executive, or judicial body, or any 25 other official proceeding authorized by law; any written or 26 oral statement or writing made in a place open to the public or 27 a public forum in connection with an issue of public interest; 28 and any other conduct in furtherance of the exercise of the 29 constitutional right of petition or the constitutional right 30 of free speech in connection with a public issue or an issue of 31 public interest. 32 The bill provides that causes of action against a person 33 arising from any act or omission of that person in furtherance 34 of the person’s right of petition or free speech in connection 35 -3- LSB 1204YC (3) 89 cm/jh 3/ 5

H.F. _____ with a public issue shall be subject to a special motion to 1 strike. However, such causes of action shall not be subject 2 to a special motion to strike if the court determines the 3 plaintiff has established there is a probability the plaintiff 4 will prevail on the claim. In making this determination, the 5 court is to consider the pleadings and supporting and opposing 6 affidavits. 7 The bill provides that if the court determines the plaintiff 8 has established a probability that the plaintiff will prevail 9 on the claim, neither that determination nor the fact of that 10 determination shall be admissible in evidence at any later 11 stage of the case, or in any subsequent action. Further, such 12 findings are not to affect the burden of proof or degree of 13 proof otherwise applicable in any later stage of the case or 14 in any subsequent proceeding. 15 The bill provides that a defendant who prevails on a special 16 motion to strike is entitled to recover costs and reasonable 17 attorney fees, unless the cause of action was brought pursuant 18 to Code chapter 21 (open meetings), 22 (open records), or 23 19 (public information board). 20 If the court finds that a special motion to strike is 21 frivolous or is solely intended to cause unnecessary delay, 22 the court must award costs and reasonable attorney fees to the 23 plaintiff prevailing on the motion for costs incurred to oppose 24 the motion. 25 The bill also describes when the special motion is to be 26 filed and when the hearing is to be held. Specifically, the 27 special motion may be filed within 60 days after the service 28 of the complaint or, in the court’s discretion, at any later 29 time. The motion is to be scheduled for a hearing not more 30 than 30 days after the service of the motion unless the docket 31 conditions of the court require a later hearing. 32 All discovery proceedings in the action are to be stayed upon 33 the filing of a notice of motion. The stay of discovery is 34 to remain in effect until notice of entry of the order ruling 35 -4- LSB 1204YC (3) 89 cm/jh 4/ 5

H.F. _____ on the motion. However, the court may order that specified 1 discovery be conducted. 2 An order granting or denying a special motion to strike is 3 appealable under the rules of appellate procedure. 4 Finally, the provisions of the bill do not apply to any 5 enforcement action brought by the attorney general, a district 6 attorney, a county attorney, a city attorney, or any attorney 7 charged with prosecuting violations of state or local laws. 8 -5- LSB 1204YC (3) 89 cm/jh 5/ 5