SB 0268 | Authorizes special motion to dismiss in Strategic Litigation Against Public Participation (SLAPP) |
Sponsor: | Loudon | Co-Sponsor(s) | ||
LR Number: | 0169S.02I | Fiscal Note: | 0169-02 | |
Committee: | Judiciary and Civil & Criminal Jurisprudence | |||
Last Action: | 03/17/03 - Hearing Conducted S Judiciary & Civil & Criminal | Journal page: | ||
Jurisprudence Committee | ||||
Title: | ||||
Effective Date: | August 28, 2003 | |||
SB 268 - This act grants early consideration of any action
seeking money damages against a person for conduct or speech made
in connection with a public hearing or meeting. All pending
discovery shall be suspended pending a final decision on the
motion. This act also mandates that if the rights of this
section are used as an affirmative defense and the court grants a
motion to dismiss on those grounds, reasonable attorney fees and
costs incurred by the moving party will be awarded. If the court
finds the motion to dismiss is frivolous, the court shall award
costs and attorney fees to the prevailing party. If a party
raises the motion under the provisions of this act, the party
shall have the right to an expedited appeal.
JIM ERTLE