Bill Text: MI HB5036 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Civil procedure; civil actions; strategic lawsuits against public participation; limit. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2977.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-08-24 - Referred To Committee On Judiciary [HB5036 Detail]

Download: Michigan-2009-HB5036-Engrossed.html

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HB-5036, As Passed House, August 19, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5036

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2977.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2977. (1) Except as provided in subsection (2), on motion

 

of a defendant, a court shall dismiss a civil action against the

 

defendant if either of the following applies:

 

     (a) The action is based on the defendant's exercise of the

 

right to petition under the United States constitution or the

 

constitution of this state and the communication was aimed at

 

procuring a governmental or electoral action, result, or outcome.

 

     (b) The action is based on the defendant's exercise of the

 

right of free speech under the United States constitution or the

 

constitution of this state.

 

     (2) An action shall not be dismissed under this section if the

 

plaintiff presents prima facie evidence that the action was not

 

initiated with the purpose of harassing or intimidating the

 

defendant or otherwise hindering the defendant's exercise of the

 

right to petition or the right of free speech and 1 or both of the

 

following apply:

 

     (a) The defendant made the communication that gave rise to the

 

action with knowledge that it was false or with reckless disregard

 

for whether it was false and the communication was false.

 

     (b) The communication that gave rise to the action included

 

information that the defendant was prohibited by law from

 

disseminating.

 

     (3) On the filing of a motion under subsection (1), the court

 

shall stay all discovery proceedings in the action until an order

 

disposing of the motion is entered. On a motion by a party or on

 

the court's own motion and on a showing of good cause, the court

 

may allow specified discovery.

 

     (4) The court shall award all of the following to a moving

 

defendant in an action that is dismissed under this section:

 

     (a) Three times the amount of damages sustained by the

 

defendant as a result of the action.

 

     (b) Court costs of the action.

 

     (c) Reasonable attorney fees and other expenses incurred in

 

defending against the action.

 

     (d) If the amounts awarded under subdivisions (a) to (c) total

 

less than $5,000.00, the difference between the total and

 

$5,000.00.

 

     (e) Additional sanctions against the plaintiff and the

 

attorney or law firm representing the plaintiff as the court

 

determines are sufficient to deter the plaintiff and the attorney

 

or law firm from filing similar actions described in subsection

 

(1).

 

     (5) A defendant in an action that is dismissed under this

 

section may bring a separate action, cross-claim, or counterclaim

 

to recover any item described in subsection (4). However, the

 

defendant is not entitled to a double recovery of the same item.

 

     (6) This section does not abrogate or lessen any other

 

defense, remedy, immunity, or privilege available under law.

 

     (7) As used in this section:

 

     (a) "Communication" includes making or submitting a statement

 

in any form, including an oral or written statement and a statement

 

in electronic form.

 

     (b) "Exercise of the right of free speech" means a

 

communication made in a place open to the public or a public forum

 

in connection with an issue of public interest.

 

     (c) "Exercise of the right to petition" means any of the

 

following:

 

     (i) Communication with a legislative, executive, or judicial

 

body or in another governmental proceeding.

 

     (ii) Communication in connection with an issue under

 

consideration or review by a legislative, executive, or judicial

 

body or in another governmental proceeding.

 

     (iii) Communication that is reasonably likely to encourage

 

consideration or review of an issue by a legislative, executive, or

 

judicial body or in another governmental proceeding.

 

     (iv) Communication reasonably likely to enlist public

 

participation in an effort to effect consideration of an issue by a

 

legislative, executive, or judicial body or in another governmental

 

proceeding.

 

     (v) Any other communication that falls within the

 

constitutional protection of the right to petition government.

 

     (d) "Issue of public interest" includes an issue related to

 

health or safety; environmental, economic, or community well-being;

 

the government; a public figure; or a good, product, or service in

 

the marketplace. Issue of public interest does not include a

 

private interest, such as communication directed primarily toward

 

protecting the speaker's business interests rather than toward

 

commenting on or sharing information about a matter of public

 

significance.

 

     (e) "Public forum" includes a website on the internet.