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H0421..............................................................by CLARK PUBLIC PARTICIPATION - LAWSUIT - Adds to existing law to provide procedures involving strategic lawsuits against public participation; to provide for a motion to dismiss; to provide procedures; and to provide exceptions. 01/25 House intro - 1st rdg - to printing 01/28 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 421 BY CLARK 1 AN ACT 2 RELATING TO ACTIONS IN PARTICULAR CASES; AMENDING TITLE 6, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 27, TITLE 6, IDAHO CODE, TO DEFINE TERMS, TO 4 PROVIDE PROCEDURES INVOLVING STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPA- 5 TION, TO PROVIDE FOR A MOTION TO DISMISS, TO PROVIDE PROCEDURES, TO PRO- 6 VIDE FOR THE AWARD OF COSTS AND ATTORNEY'S FEES AND TO PROVIDE EXCEPTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Title 6, Idaho Code, be, and the same is hereby amended 9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 10 ter 27, Title 6, Idaho Code, and to read as follows: 11 CHAPTER 27 12 SPECIAL ACTIONS AND PROCEEDINGS BY INDIVIDUAL PERSONS -- 13 EXERCISE OF THE RIGHT OF PETITION 14 6-2701. DEFINITIONS. In this chapter, unless the context otherwise 15 requires: 16 (1) "Exercise of the right of petition" means any written or oral state- 17 ment that falls within the constitutional protection of free speech and that 18 is made as part of an initiative, referendum or recall effort or that is all 19 of the following: 20 (a) Made before or submitted to a legislative or executive body or any 21 other governmental proceeding. 22 (b) Made in connection with an issue that is under consideration or 23 review by a legislative or executive body or any other governmental pro- 24 ceeding. 25 (c) Made for the purpose of influencing a governmental action, decision 26 or result. 27 (2) "Governmental proceeding" means any proceeding, other than a judicial 28 proceeding, by an officer, official or body of this state and any political 29 subdivision of this state, including boards and commissions, or by an officer, 30 official or body of the federal government. 31 (3) "Legal action" means any action, claim, cross-claim or counterclaim 32 for damages that is based on the defendant's exercise of the right of peti- 33 tion. 34 6-2702. STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION -- MOTION TO DIS- 35 MISS. (1) In any legal action that involves a party's exercise of the right of 36 petition, the defending party may file a motion to dismiss the action under 37 this section. When possible, the court shall give calendar preference to an 38 action that is brought under this subsection and shall conduct an expedited 39 hearing after the motion is filed with the court and notice of the motion has 40 been served as provided by court rule. 41 (2) The court shall grant the motion unless the party against whom the 2 1 motion is made shows that the moving party's exercise of the right of petition 2 did not contain any reasonable factual support or any arguable basis in law 3 and that the moving party's acts caused actual compensable injury to the 4 responding party. In making its determination, the court shall consider the 5 pleadings and supporting and opposing affidavits stating facts on which the 6 liability or defense is based. At the request of the moving party, the court 7 shall make findings whether the lawsuit was brought to deter or prevent the 8 moving party from exercising constitutional rights and is thereby brought for 9 an improper purpose, including to harass or to cause unnecessary delay or 10 needless increase in the cost of litigation. If the court finds that the law- 11 suit was brought to deter or prevent the exercise of constitutional rights or 12 otherwise brought for an improper purpose, the moving party is encouraged to 13 pursue additional sanctions as provided by court rule. 14 (3) The motion to dismiss may be filed within ninety (90) days after the 15 service of the complaint or, in the court's discretion, at any later time on 16 terms that the court deems proper. 17 (4) If the court grants the motion to dismiss, the court shall award the 18 moving party costs and reasonable attorney's fees, including those incurred 19 for the motion. If the court finds that a motion to dismiss is frivolous or 20 solely intended to delay, the court shall award costs and reasonable attor- 21 ney's fees to the prevailing party on the motion. For the purposes of this 22 subsection, "costs" means all costs that are reasonably incurred in connection 23 with a motion to dismiss pursuant to this section and includes filing fees, 24 record preparation and document copying fees, documented time away from 25 employment to confer with counsel or attend case related proceedings, expert 26 witness fees, travel expenses and any other costs that the court deems appro- 27 priate. 28 (5) This chapter does not: 29 (a) Affect, limit or preclude the right of the moving party to any remedy 30 otherwise authorized by law. 31 (b) Apply to an enforcement action that is brought in the name of this 32 state or a political subdivision of this state. 33 (c) Create any privileges or immunities or otherwise affect, limit or 34 preclude any privileges or immunities authorized by law. 35 (d) Limit or preclude a legislative or executive body or a public agency 36 from enforcing the rules of procedure and rules of order of the body or 37 agency.
STATEMENT OF PURPOSE
RS 17608
This bill adds a new Chapter 27, Title 6, Idaho Code, to define
terms and to provide procedures involving strategic lawsuits
against public participation. It provides for a motion to dismiss,
provides for the award of costs and attorney's fees and provides
exceptions. These strategic lawsuits against public participation
are designed to stifle legitimate and constitutionally protected
free speech. Twenty-five states currently have some form of
legislation against strategic lawsuits against public
participation. Those states include Washington, Oregon, Nevada,
Utah and California.
FISCAL NOTE
None.
Contact
Name: Representative Jim Clark
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 421