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H.B. 112
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5 This act modifies the Judicial Code by creating the Citizen Participation in Government Act.
6 The act creates a summary procedure for the courts to use to determine whether a suit is a
7 retaliatory lawsuit for participation by the defendant in the government process. The act
8 also allows for "slappback" suits and specifies damages.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 78-58-101, Utah Code Annotated 1953
12 78-58-102, Utah Code Annotated 1953
13 78-58-103, Utah Code Annotated 1953
14 78-58-104, Utah Code Annotated 1953
15 78-58-105, Utah Code Annotated 1953
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 78-58-101 is enacted to read:
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19 78-58-101. Title.
20 This chapter is known as the "Citizen Participation in Government Act."
21 Section 2. Section 78-58-102 is enacted to read:
22 78-58-102. Definitions.
23 As used in this chapter:
24 (1) "Action involving public participation in the process of government" means any
25 lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing
26 requesting relief to which this act applies.
27 (2) "Government" includes a branch, department, agency, instrumentality, official,
28 employee, agent, or other person acting under color of law of the United States, a state, or
29 subdivision of a state or other public authority.
30 (3) "Moving party" means any person on whose behalf the motion is filed.
31 (4) "Person" means the same as defined in Section 68-3-12 .
32 (5) "Process of government" means the mechanisms and procedures by which the
33 legislative and executive branches of government make decisions, and the activities leading up to
34 the decisions, including the exercise by a citizen of the right to influence those decisions under the
35 First Amendment to the U.S. Constitution.
36 (6) "Responding party" means any person against whom the motion described in Section
37 78-58-103 is filed.
38 (7) "State" means the same as defined in Section 68-3-12 .
39 Section 3. Section 78-58-103 is enacted to read:
40 78-58-103. Applicability.
41 (1) A defendant in an action who believes that the action is primarily based on, relates to,
42 or is in response to an act of the defendant while participating in the process of government S AND
42a IS DONE PRIMARILY TO HARASS THE DEFENDANT s , may
43 file:
44 (a) h [
44a detailing his belief that the action is designed to prevent, interfere
45 with, or chill public participation in the process of government, and specifying in detail the conduct
46 asserted to be the participation in the process of government believed to give rise to the complaint;
47 and
48 (b) a motion for judgment on the pleadings in accordance with the Utah Rules of Civil
49 Procedure Rule 12(c).
50 (2) Affidavits detailing activity not adequately detailed in the answer may be filed with the
51 motion.
52 Section 4. Section 78-58-104 is enacted to read:
53 78-58-104. Procedures.
54 (1) On the filing of a motion for judgment on the pleadings:
55 (a) all discovery shall be stayed pending resolution of the motion unless the court orders
56 otherwise;
57 (b) the trial court shall hear and determine the motion as expeditiously as possible S WITH
57a THE MOVING PARTY PROVING BY CLEAR AND CONVINCING EVIDENCE THAT THE PRIMARY
57b REASON FOR THE FILING OF THE COMPLAINT WAS TO INTERFERE WITH THE FIRST AMENDMENTS
57c RIGHTS OF THE DEFENDANT s ; and
58 (c) the moving party shall have a right h [
58a court order
59 denying the motion or from a trial court failure to rule on the motion in expedited fashion.
60 (2) The court shall grant the motion and dismiss the action upon a finding that the primary
61 purpose of the action is to prevent, interfere with, or chill the moving party's proper participation
62 in the process of government.
63 (3) Any government body to which the moving party's acts were directed or the attorney
64 general may intervene to defend or otherwise support the moving party.
65 Section 5. Section 78-58-105 is enacted to read:
66 78-58-105. Counter actions -- Attorney's fees -- Damages.
67 (1) A defendant in an action involving public participation in the process of government
68 may maintain an action, claim, cross-claim, or counterclaim to recover:
69 (a) costs and S REASONABLE s attorney's fees, upon a demonstration that the action
69a involving public
70 participation in the process of government was commenced or continued without a substantial
71 basis in fact and law and could not be supported by a substantial argument for the extension,
72 modification, or reversal of existing law; and
73 (b) other compensatory damages S [
74 demonstration that the action involving public participation in the process of government was
75 commenced or continued for the purpose of harassing, intimidating, punishing, or otherwise
76 maliciously inhibiting the free exercise of rights granted under the First Amendment to the U.S.
77 Constitution.
78 (2) Nothing in this section shall affect or preclude the right of any party to any recovery
79 otherwise authorized by S [
Legislative Review Note
as of 1-19-01 10:07 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.