FW: SLAPP Lawsuits HB2700
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From: "NAILEM NEWS" <nailemaz@msn.com>
Date: Sun, 20 Feb 2005 09:42:37 -0700
To: "NAILEM_NEWSII" <NAILEM_NEWSII@msn.com>
Subject: Fw: SLAPP Lawsuits HB2700
This bill will be heard in House Government Reform and Government Finance Accountability Wednesday, 1:30 p.m.
PLEASE NOTE: In most BUT NOT ALL instances, the page and line numbering of
bills on this web site correspond to the page and line numbering of the
official printed version of the bills.
REFERENCE TITLE: public participation in government; protection
State of Arizona
House of Representatives
Forty-seventh Legislature
First Regular Session
2005
HB 2700
Introduced by
Representatives Lopes: Aguirre A, Burns J, Burton Cahill, Kirkpatrick,
McCune Davis, Meza, Prezelski, Sinema, Tom
AN ACT
AMENDING TITLE 12, CHAPTER 6, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 15;
RELATING TO PUBLIC PARTICIPATION IN GOVERNMENT.
(TEXT OF BILL BEGINS ON NEXT PAGE)
HB 2700
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Be it enacted by the Legislature of the State of Arizona: 1
Section 1. Title 12, chapter 6, Arizona Revised Statutes, is amended 2
by adding article 15, to read: 3
ARTICLE 15. PUBLIC PARTICIPATION IN GOVERNMENT 4
12-751. Definitions 5
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: 6
1. "DEFENDANT" MEANS THE PARTY WHO IS SUBJECT TO A LEGAL ACTION BASED 7
ON THE EXERCISE OF THE RIGHT TO PETITION. 8
2. "EXERCISE OF THE RIGHT TO PETITION" MEANS ANY WRITTEN OR ORAL 9
STATEMENT THAT IS ALL OF THE FOLLOWING: 10
(a) MADE TO A LEGISLATIVE OR EXECUTIVE BODY OR IN ANY OTHER 11
GOVERNMENTAL PROCEEDING. 12
(b) MADE IN CONNECTION WITH AN ISSUE THAT IS WITHIN THE JURISDICTION 13
OF THE LEGISLATIVE OR EXECUTIVE BODY OR ANY OTHER GOVERNMENTAL PROCEEDING. 14
(c) MADE FOR THE PURPOSE OF OBTAINING A FAVORABLE GOVERNMENTAL ACTION, 15
DECISION OR RESULT. 16
3. "GOVERNMENTAL PROCEEDING" MEANS ANY PROCEEDING, OTHER THAN A 17
JUDICIAL PROCEEDING, BY AN OFFICER, OFFICIAL OR BODY OF THIS STATE AND ANY 18
POLITICAL SUBDIVISION OF THIS STATE, INCLUDING BOARDS AND COMMISSIONS, OR BY 19
AN OFFICER, OFFICIAL OR BODY OF THE FEDERAL GOVERNMENT. 20
4. "LEGAL ACTION" MEANS ANY CIVIL ACTION, CLAIM, CROSS-CLAIM, 21
COUNTERCLAIM OR PLEADING THAT IS BASED ON THE DEFENDANT'S EXERCISE OF THE 22
RIGHT TO PETITION. LEGAL ACTION DOES NOT MEAN THE FILING OF A COMPLAINT TO 23
INITIATE A CIVIL OR CRIMINAL ENFORCEMENT ACTION BY A GOVERNMENTAL ENTITY. 24
12-752. Strategic lawsuits against public participation; motion 25
to dismiss; damages 26
A. A PERSON HAS FULL IMMUNITY FROM ANY LEGAL ACTION FOR ENGAGING IN 27
ANY LAWFUL EXERCISE OF THE RIGHT TO PETITION. IN ANY LEGAL ACTION, A 28
DEFENDANT MAY ASSERT IMMUNITY UNDER THIS SECTION AS AN AFFIRMATIVE DEFENSE 29
AND FILE A MOTION TO DISMISS THE LEGAL ACTION. THE COURT SHALL GIVE 30
PREFERENCE TO AN ACTION THAT IS BROUGHT UNDER THIS SUBSECTION AND SHALL 31
CONDUCT A HEARING WITHIN SIXTY DAYS AFTER THE MOTION IS FILED WITH THE COURT. 32
B. THE COURT SHALL GRANT THE MOTION UNLESS THE PARTY AGAINST WHOM THE 33
MOTION IS MADE SHOWS ANY OF THE FOLLOWING: 34
1. THAT THE MOVING PARTY'S EXERCISE OF THE RIGHT TO PETITION DID NOT 35
CONTAIN ANY REASONABLE FACTUAL SUPPORT OR ANY ARGUABLE BASIS IN LAW AND THAT 36
THE MOVING PARTY'S ACTS CAUSED ACTUAL INJURY TO THE RESPONDING PARTY. 37
2. THE PLAINTIFF WOULD LIKELY WIN ON THE MERITS OF THE LEGAL ACTION 38
AND THE MOTION TO DISMISS WAS FRIVOLOUS OR FILED WITH THE INTENT TO CAUSE 39
DELAY. 40
3. THAT THE MOVING PARTY ACTED MALICIOUSLY KNOWING THE INFORMATION 41
COMMUNICATED WAS FALSE. 42
C. IN MAKING ITS DETERMINATION, THE COURT SHALL CONSIDER THE PLEADINGS 43
AND SUPPORTING AND OPPOSING AFFIDAVITS STATING FACTS ON WHICH THE LIABILITY 44
OR DEFENSE IS BASED. 45
HB 2700
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D. ALL DISCOVERY PROCEEDINGS ARE STAYED ON THE FILING OF A MOTION 1
PURSUANT TO THIS SECTION, INCLUDING THE PROCEDURES UNDER RULE 26.1, ARIZONA 2
RULES OF CIVIL PROCEDURE, EXCEPT THAT THE COURT, ON MOTION AND AFTER A 3
HEARING AND FOR GOOD CAUSE SHOWN, MAY ORDER THAT SPECIFIED DISCOVERY BE 4
CONDUCTED. THE STAY OF DISCOVERY REMAINS IN EFFECT UNTIL NOTICE OF ENTRY OF 5
THE ORDER RULING ON THE MOTION. 6
E. THE MOTION TO DISMISS MAY BE FILED WITHIN NINETY DAYS AFTER THE 7
SERVICE OF THE COMPLAINT OR, IN THE COURT'S DISCRETION, AT ANY LATER TIME ON 8
TERMS THAT COURT DEEMS PROPER. 9
F. IF THE COURT GRANTS THE MOTION TO DISMISS, THE COURT SHALL AWARD 10
THE MOVING PARTY COSTS AND REASONABLE ATTORNEY FEES, INCLUDING THOSE INCURRED 11
FOR THE MOTION AND RELATED DISCOVERY MATTERS. IF THE COURT FINDS THAT A 12
MOTION TO DISMISS IS FRIVOLOUS OR SOLELY INTENDED TO DELAY, THE COURT SHALL 13
AWARD COSTS AND REASONABLE ATTORNEY FEES TO THE PREVAILING PARTY ON THE 14
MOTION. 15
G. IF THE COURT GRANTS THE MOTION TO DISMISS, THE COURT SHALL ENTER 16
JUDGMENT ON BEHALF OF THE MOVING PARTY AS A JUDGMENT ON THE MERITS OF THE 17
ACTION. THE JUDGMENT SHALL EXPRESSLY STATE THAT THE ACTION HAS BEEN 18
DETERMINED BY THE COURT TO BE A STRATEGIC LAWSUIT THAT WAS BROUGHT TO DETER 19
OR PREVENT THE MOVING PARTY FROM EXERCISING CONSTITUTIONAL RIGHTS AND IS 20
CONTRARY TO THE LAWS OF THIS STATE. 21
H. IF THE COURT GRANTS THE MOTION TO DISMISS, THE DEFENDANT'S CREDIT 22
RECORD SHALL NOT BE AFFECTED BY THE FILING OF THE LEGAL ACTION AND THE COURT 23
SHALL AWARD DAMAGES IN THE AMOUNT OF TEN THOUSAND DOLLARS, IN ADDITION TO ANY 24
OTHER ACTUAL DAMAGES, IF THE COURT FINDS THAT THE LEGAL ACTION WAS FILED TO 25
INTIMIDATE OR HARASS THE PERSON WHO WAS ENGAGING IN THE EXERCISE OF THE RIGHT 26
TO PETITION. THE COURT MAY DENY THESE DAMAGES IF THE DEFENDANT MADE THE 27
STATEMENTS IN BAD FAITH OR TO DELAY PROCEEDINGS OR IF OTHER FACTORS EXIST 28
THAT WOULD JUSTIFY THE DENIAL OF DAMAGES. 29
I. IF THE PLAINTIFF IN THE LEGAL ACTION VOLUNTARILY WITHDRAWS THE 30
LEGAL ACTION BEFORE ANY ACTION BY THE COURT, THE COURT SHALL AWARD THE 31
DEFENDANT IN THE LEGAL ACTION COSTS AND REASONABLE ATTORNEY FEES. THE 32
DEFENDANT'S CREDIT RECORD SHALL NOT BE AFFECTED BY THE FILING OF THE LEGAL 33
ACTION AND THE COURT MAY MAKE A FINDING THAT THE LEGAL ACTION HAS BEEN 34
DETERMINED BY THE COURT TO BE A STRATEGIC LAWSUIT THAT WAS BROUGHT TO DETER 35
OR PREVENT THE DEFENDANT FROM EXERCISING CONSTITUTIONAL RIGHTS AND IS 36
CONTRARY TO THE LAWS OF THIS STATE. 37
J. THIS ARTICLE DOES NOT: 38
1. AFFECT, LIMIT OR PRECLUDE THE RIGHT OF THE MOVING PARTY TO ANY 39
REMEDY OTHERWISE AUTHORIZED BY LAW. 40
2. APPLY TO AN ENFORCEMENT ACTION THAT IS BROUGHT IN THE NAME OF THIS 41
STATE OR A POLITICAL SUBDIVISION OF THIS STATE. 42
3. LIMIT OR PRECLUDE A LEGISLATIVE OR EXECUTIVE BODY OR A PUBLIC 43
AGENCY FROM ENFORCING THE RULES OF PROCEDURE AND RULES OF ORDER OF THE BODY 44
OR AGENCY. 45
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