Assembly Bill No. 435–Assemblywoman Ohrenschall

 

March 19, 2001

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions pertaining to strategic lawsuits against public participation. (BDR 3‑248)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to civil liability; revising the provisions pertaining to strategic lawsuits against public participation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 41 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    “Act in furtherance of the right of petition or free speech pursuant to

1-4  the Constitution of the United States or the constitution of the State of

1-5  Nevada” means:

1-6    1.  Any written or oral statement or writing made before a legislative,

1-7  executive or judicial body, or any other official proceeding authorized by

1-8  law;

1-9    2.  Any written or oral statement or writing made in connection with

1-10  an issue under consideration or review by a legislative, executive or

1-11  judicial body, or any other official proceeding authorized by law;

1-12    3.  Any written or oral statement or writing made in a place open to

1-13  the public or a public forum in connection with an issue of public

1-14  interest; or

1-15    4.  Any other conduct in furtherance of the exercise of the

1-16  constitutional right of petition or the constitutional right of free speech in

1-17  connection with a public issue or an issue of public interest.

1-18    Sec. 2.  NRS 41.635 is hereby amended to read as follows:

1-19    41.635  As used in NRS 41.635 to 41.670, inclusive, and section 1 of

1-20  this act, unless the context otherwise requires, the words and terms defined

1-21  in NRS [41.637 and] 41.640 and section 1 of this act have the meanings

1-22  ascribed to them in those sections.

 

2-1    Sec. 3.  NRS 41.650 is hereby amended to read as follows:

2-2    41.650  A person who engages in [a good faith communication in

2-3  furtherance of the right to petition] an act in furtherance of the right of

2-4  petition or free speech pursuant to the Constitution of the United States

2-5  or the constitution of the State of Nevada is immune from civil liability

2-6  for claims based upon the [communication.] act.

2-7    Sec. 4.  NRS 41.660 is hereby amended to read as follows:

2-8    41.660  1.  If an action is brought against a person based upon [a good

2-9  faith communication in furtherance of the right to petition:] an act in

2-10  furtherance of the right of petition or free speech pursuant to the

2-11  Constitution of the United States or the constitution of the State of

2-12  Nevada:

2-13    (a) The person against whom the action is brought may file a special

2-14  motion to dismiss; and

2-15    (b) The attorney general or the chief legal officer or attorney of a

2-16  political subdivision of this state may defend or otherwise support the

2-17  person against whom the action is brought. If the attorney general or the

2-18  chief legal officer or attorney of a political subdivision has a conflict of

2-19  interest in, or is otherwise disqualified from, defending or otherwise

2-20  supporting the person, the attorney general or the chief legal officer or

2-21  attorney of a political subdivision may employ special counsel to defend or

2-22  otherwise support the person.

2-23    2.  A special motion to dismiss must be filed within 60 days after

2-24  service of the complaint, which period may be extended by the court for

2-25  good cause shown.

2-26    3.  If a special motion to dismiss is filed pursuant to subsection 2, the

2-27  court shall:

2-28    (a) Treat the motion as a motion for summary judgment;

2-29    (b) Stay discovery pending:

2-30      (1) A ruling by the court on the motion; and

2-31      (2) The disposition of any appeal from the ruling on the motion; and

2-32    (c) Rule on the motion within 30 days after the motion is filed.

2-33    4.  If the court dismisses the action pursuant to a special motion to

2-34  dismiss filed pursuant to subsection 2, the dismissal operates as an

2-35  adjudication upon the merits.

2-36    Sec. 5.  NRS 41.637 is hereby repealed.

2-37    Sec. 6.  The amendatory provisions of this act apply to an action

2-38  brought against a person based upon an act in furtherance of the right of

2-39  petition or free speech pursuant to the Constitution of the United States or

2-40  the constitution of the State of Nevada that is filed on or after October 1,

2-41  2001.

 

3-1  TEXT OF REPEALED SECTION

 

3-2    41.637  “Good faith communication in furtherance of the right to

3-3   petition” defined. “Good faith communication in furtherance of the

3-4   right to petition” means any:

3-5    1.  Communication that is aimed at procuring any governmental or

3-6   electoral action, result or outcome;

3-7    2.  Communication of information or a complaint to a legislator, officer

3-8   or employee of the Federal Government, this state or a political

3-9   subdivision of this state, regarding a matter reasonably of concern to the

3-10   respective governmental entity; or

3-11    3.  Written or oral statement made in direct connection with an issue

3-12   under consideration by a legislative, executive or judicial body, or any

3-13   other official proceeding authorized by law, which is truthful or is made

3-14   without knowledge of its falsehood.

 

3-15  H