ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	House: JUD DPA 5-3-0-2

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HB2722: strategic actions; public participation

Sponsor: Representative Toma, LD 22

Caucus & COW

Overview

Expands the scope of laws concerning strategic actions against public participation to mandate the court accept motions to dismiss or quash under specified circumstances.

History

Laws 2006, Chapter 234 established statute on strategic lawsuits against public participation which included a legislative finding statement concluding that civil actions have been filed against citizens and organizations in Arizona when defendents were legally exercising their valid constitutional rights of petition, speech and association. The court is required to grant a motion to dismiss on this basis unless the non-movant party shows that the moving party's right to petition did not have factual support and caused compensable injury to the non-movant party (A.R.S. § 12-752).

If the court finds that the lawsuit was brought for an improper purpose, the moving party is encouraged to pursue additional sanctions. A strategic action against public participation does not:

1) Affect the moving party's right to a remedy authorized by law;

2) Apply to an enforcement action brought in the name of this state;

3) Create immunities or affect privileges authorized by law; or

4) Limit a public agency from enforcing its rules of procedure (A.R.S. § 12-752). 

Provisions

1. Repeals statute pertaining to exercise of the right to petition, governmental proceeding and legal action definitions. (Sec. 1)

2. Includes the right of speech or the right to peaceably assemble as a legal action the defending party may file a motion to dismiss. (Sec. 2)

3. Expands strategic actions against public participation to include a motion to quash a legal action. (Sec. 2)

4. Removes option for a court to give calendar preference to filed strategic actions against public participation motions. (Sec. 2)

5. Allows the moving party to pursue damages if the court finds that the lawsuit was brought for an improper purpose. (Sec. 2)

6. Reduces the time limit in which a motion may be filed to be dismissed from 90 days to 60 days. (Sec. 2)

7. Requires the court to schedule a hearing on the motion not more than 30 days after service of a motion unless the court's docket conditions necessitate a later hearing. (Sec. 2)

8. Asserts that all discovery proceedings must be stayed on the motion notice filing. (Sec. 2)

9. Extends the stay of discovery until notice of entry of the motion order ruling. (Sec. 2)

10. Allows the court to order that specified discovery be conducted. (Sec. 2)

11. Specifies that an order granting or denying a motion is appealable. (Sec. 2, 3)

12. Omits provision that strategic actions against public participation does not:

a) Apply to an enforcement action brought in the name of this state; and

b) Create immunities or affect privileges authorized by law. (Sec. 2)

13. Defines legal action. (Sec. 2)

14. Makes technical and conforming changes. (Sec. 2, 3)

Amendments

Committee on Judiciary

1. Adds the right to freely associate to the list of reasons a party involved in a legal action may file a motion to dismiss or quash.

2. Stipulates that this law does not apply to a defending party that is a state actor or intervener.

3. Requires the court to grant a motion to dismiss or quash that is filed against a state actor, if:

a) The state actor initiated the underlying proceeding and shows by a preponderance of evidence that the disputed legal action violates a clearly established law and the state actor did not file the action to deter or retaliate against the exercise of constitutional rights;

b) The state actor did not initiate the underlying proceeding and shows the disputed legal action is justified by existing legal precedents or reasonable arguments for extending or modifying existing law and by clear and convincing evidence the state actor did not file the action to deter or retaliate against the exercise of constitutional rights; or

c) The party against whom the motion is filed, if the motion is not filed against a state actor, shows that the disputed legal action is justified by existing precedents or provides a reasonable argument for extending or modifying the existing law.

4. Defines legal action and state actor.

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8.                   HB 2722

9. Initials LC/DG/JH Page 0 Caucus & COW

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