House File 177 - Introduced HOUSE FILE 177 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 42) A BILL FOR An Act creating a special motion for expedited relief in 1 actions involving the exercise of the right of freedom of 2 speech and of the press, the right to assemble and petition, 3 and the right of association, and including applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1465HV (1) 90 cm/ns

H.F. 177 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 2. Except as otherwise provided in subsection 3, this 13 chapter applies to a cause of action asserted in a civil action 14 against a person based on any of the following of the person: 15 a. Communication in a legislative, executive, judicial, 16 administrative, or other governmental proceeding. 17 b. Communication on an issue under consideration or review 18 in a legislative, executive, judicial, administrative, or other 19 governmental proceeding. 20 c. Exercise of the right of freedom of speech or of the 21 press, the right to assemble or petition, or the right of 22 association, guaranteed by the Constitution of the United 23 States or the Constitution of the State of Iowa, on a matter of 24 public concern. 25 3. This chapter does not apply to any of the following 26 causes of action asserted: 27 a. Against a governmental unit or an employee or agent of a 28 governmental unit acting or purporting to act in an official 29 capacity. 30 b. By a governmental unit or an employee or agent of a 31 governmental unit acting in an official capacity to enforce a 32 law to protect against an imminent threat to public health or 33 safety. 34 c. Against a person primarily engaged in the business of 35 -1- LSB 1465HV (1) 90 cm/ns 1/ 7

H.F. 177 selling or leasing goods or services if the cause of action 1 arises out of a communication related to the person’s sale or 2 lease of the goods or services. 3 Sec. 3. NEW SECTION . 652.3 Special motion for expedited 4 relief. 5 Not later than sixty days after a party is served with a 6 petition, crossclaim, counterclaim, third-party claim, or other 7 pleading that asserts a cause of action to which this chapter 8 applies, or at a later time on a showing of good cause, the 9 party may file a special motion for expedited relief to dismiss 10 the cause of action or part of the cause of action. 11 Sec. 4. NEW SECTION . 652.4 Stay. 12 1. Except as otherwise provided in subsections 4 through 13 7, on the filing of a motion under section 652.3, all of the 14 following apply: 15 a. All other proceedings between the moving party and 16 responding party, including discovery and a pending hearing or 17 motion, are stayed. 18 b. On motion by the moving party, the court may stay a 19 hearing or motion involving another party, or discovery by 20 another party, if the hearing or ruling on the motion would 21 adjudicate, or the discovery would relate to, an issue material 22 to the motion under section 652.3. 23 2. A stay under subsection 1 remains in effect until entry 24 of an order ruling on the motion under section 652.3 and 25 expiration of the time under section 652.9 for the moving party 26 to appeal the order. 27 3. Except as otherwise provided in subsections 5, 6, 28 and 7, if a party appeals from an order ruling on a motion 29 under section 652.3, all proceedings between all parties in 30 the action are stayed. The stay remains in effect until the 31 conclusion of the appeal. 32 4. During a stay under subsection 1, the court may allow 33 limited discovery if a party shows that specific information is 34 necessary to establish whether a party has satisfied or failed 35 -2- LSB 1465HV (1) 90 cm/ns 2/ 7

H.F. 177 to satisfy a burden under section 652.7, subsection 1, and the 1 information is not reasonably available unless discovery is 2 allowed. 3 5. A motion under section 652.10 for costs, attorney fees, 4 and expenses is not subject to a stay under this section. 5 6. A stay under this section does not affect a party’s 6 ability to voluntarily dismiss a cause of action or part of a 7 cause of action or move to sever a cause of action. 8 7. During a stay under this section, the court for good 9 cause may hear and rule on all of the following: 10 a. A motion unrelated to the motion under section 652.3. 11 b. A motion seeking a special or preliminary injunction to 12 protect against an imminent threat to public health or safety. 13 Sec. 5. NEW SECTION . 652.5 Hearing. 14 1. The court shall hear a motion under section 652.3 not 15 later than sixty days after filing of the motion, unless the 16 court orders a later hearing for any of the following: 17 a. To allow discovery under section 652.4, subsection 4. 18 b. For other good cause. 19 2. If the court orders a later hearing under subsection 1, 20 paragraph “a” , the court shall hear the motion under section 21 652.3 not later than sixty days after the court order allowing 22 the discovery, unless the court orders a later hearing under 23 subsection 1, paragraph “b” . 24 Sec. 6. NEW SECTION . 652.6 Proof. 25 In ruling on a motion under section 652.3, the court shall 26 consider the pleadings, the motion, any reply or response to 27 the motion, and any evidence that could be considered in ruling 28 on a motion for summary judgment under rule of civil procedure 29 1.981. 30 Sec. 7. NEW SECTION . 652.7 Dismissal of cause of action in 31 whole or part. 32 1. In ruling on a motion under section 652.3, the court 33 shall dismiss with prejudice a cause of action, or part of a 34 cause of action, if all of the following are true: 35 -3- LSB 1465HV (1) 90 cm/ns 3/ 7

H.F. 177 a. The moving party establishes under section 652.2, 1 subsection 2, that this chapter applies. 2 b. The responding party fails to establish under section 3 652.2, subsection 3, that this chapter does not apply. 4 c. Any of the following are true: 5 (1) The responding party fails to establish a prima facie 6 case as to each essential element of the cause of action. 7 (2) The moving party establishes that any of the following: 8 (a) The responding party failed to state a cause of action 9 upon which relief can be granted. 10 (b) There is no genuine issue as to any material fact and 11 the moving party is entitled to judgment as a matter of law on 12 the action or part of an action. 13 2. A voluntary dismissal without prejudice of a responding 14 party’s cause of action, or part of a cause of action, that is 15 the subject of a motion under section 652.3 does not affect a 16 moving party’s right to obtain a ruling on the motion and seek 17 costs, attorney fees, and expenses under section 652.10. 18 3. A voluntary dismissal with prejudice of a responding 19 party’s cause of action, or part of a cause of action, that is 20 the subject of a motion under section 652.3 establishes for the 21 purpose of section 652.10 that the moving party prevailed on 22 the motion. 23 Sec. 8. NEW SECTION . 652.8 Ruling. 24 The court shall rule on a motion under section 652.3 not 25 later than sixty days after a hearing under section 652.5. 26 Sec. 9. NEW SECTION . 652.9 Appeal. 27 A moving party may appeal as a matter of right from an order 28 denying, in whole or in part, a motion under section 652.3. 29 The appeal must be filed not later than thirty days after entry 30 of the order. 31 Sec. 10. NEW SECTION . 652.10 Costs, attorney fees, and 32 expenses. 33 On a motion under section 652.3, the court shall award court 34 costs, reasonable attorney fees, and reasonable litigation 35 -4- LSB 1465HV (1) 90 cm/ns 4/ 7

H.F. 177 expenses related to the motion in the following circumstances: 1 1. To the moving party if the moving party prevails on the 2 motion. 3 2. To the responding party if the responding party prevails 4 on the motion and the court finds that the motion was frivolous 5 or filed solely with intent to delay the proceeding. 6 Sec. 11. NEW SECTION . 652.11 Construction. 7 This chapter shall be broadly construed and applied to 8 protect the exercise of the right of freedom of speech and of 9 the press, the right to assemble and petition, and the right 10 of association, guaranteed by the Constitution of the United 11 States or the Constitution of the State of Iowa. 12 Sec. 12. NEW SECTION . 652.12 Uniformity of application and 13 construction. 14 In applying and construing this chapter, consideration shall 15 be given to the need to promote uniformity of the law with 16 respect to its subject matter among states that enact it. 17 Sec. 13. APPLICABILITY. This Act applies to a civil action 18 filed or cause of action asserted in a civil action on or after 19 the effective date of this Act. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill enacts the “Uniform Public Expression Protection 24 Act”, which creates a special motion for expedited relief in 25 actions involving the exercise of the right of freedom of 26 speech and of the press, the right to assemble and petition, 27 and the right of association. 28 The bill applies to a cause of action asserted in a civil 29 action against a person based on the person’s communication 30 in a legislative, executive, judicial, administrative, or 31 other governmental proceeding; communication on an issue under 32 consideration or review in a legislative, executive, judicial, 33 administrative, or other governmental proceeding; or exercise 34 of the person’s first amendment right on a matter of public 35 -5- LSB 1465HV (1) 90 cm/ns 5/ 7

H.F. 177 concern. 1 The bill does not apply to causes of action against a 2 governmental unit or an employee or agent of a governmental 3 unit acting or purporting to act in an official capacity; by 4 a governmental unit or an employee or agent of a governmental 5 unit acting in an official capacity to enforce or protect 6 against an imminent threat to public health or safety; or 7 against a person engaged in the business of selling or leasing 8 goods or services if the cause of action arises out of a 9 communication related to a person’s sale or lease of the goods 10 or services. 11 The bill defines “goods or services” to not include the 12 creation, dissemination, exhibition, or advertisement or 13 similar promotion of a dramatic, literary, musical, political, 14 journalistic, or artistic work, and defines “governmental unit” 15 to mean a public corporation or government or governmental 16 subdivision, agency, or instrumentality. 17 The bill provides that no later than 60 days after being 18 served with a cause of action to which the bill applies, or 19 at a later time upon showing of good cause, a party may file 20 a special motion for expedited relief to dismiss the cause 21 of action or part of the cause of action. The filing of 22 the special motion stays all other proceedings between the 23 parties, and the court has discretion to stay a proceeding 24 involving another party if the hearing or ruling on motion 25 would adjudicate an issue material to the motion. A hearing 26 shall be held no later than 60 days after filing the motion, 27 unless the court orders a later hearing to allow discovery 28 or for good cause. A stay remains in effect until an order 29 ruling on the motion is entered and the 30-day appeal period 30 following the order has concluded. During a stay, the court 31 may allow limited discovery if a party shows the information 32 is not reasonably available and that specific information 33 is necessary to establish whether a party has satisfied the 34 party’s burden under the bill. The court may also, for good 35 -6- LSB 1465HV (1) 90 cm/ns 6/ 7

H.F. 177 cause, hear and rule on motions unrelated to the special motion 1 and a motion seeking an injunction. The bill provides that a 2 motion for costs, attorney fees, and expenses is not subject 3 to the special motion for expedited relief stay. The parties’ 4 ability to voluntarily dismiss or move to sever is not affected 5 by the special motion for expedited relief stay. 6 The bill provides that in ruling on a special motion for 7 expedited relief, the court shall dismiss with prejudice a 8 cause of action, or part of a cause of action, if the moving 9 party establishes that the bill applies, the responding party 10 fails to establish that the bill does not apply, and either the 11 responding party fails to establish a prima facie case as to 12 each essential element of the cause of action or the moving 13 party establishes that the responding party failed to state a 14 cause of action upon which relief can be granted or there is no 15 genuine issue as to any material fact and the moving party is 16 entitled to judgment as a matter of law on the cause of action 17 or part of the cause of action. 18 The bill provides that the court may award court costs, 19 reasonable attorney fees, and reasonable litigation fees 20 relating to the special motion to the prevailing party. 21 The bill is a uniform Act drafted by the national conference 22 of commissioners on uniform state laws. The bill applies to 23 actions that are filed on or after the effective date of the 24 bill. 25 -7- LSB 1465HV (1) 90 cm/ns 7/ 7