ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

 

HB2722: strategic actions; public participation

Sponsor: Representative Toma, LD 22

Committee on Judiciary

Overview

Allows a party to file a motion to quash public participation activities. Specifies that an order granting or denying a motion to dismiss or quash public participation activities is appealable.

History

A party may file a motion to dismiss any legal action involving the right to petition. If possible, the court must give calendar preference to filed strategic actions against public participation motions  (A.R.S. § 12-752).

The court grants the motion unless the non-movant party shows that:

1)   The moving party's right to petition did not have factual support; and

2)   The moving party's action caused compensable injury to the non-movant party (A.R.S. § 12-752).

The moving party is encouraged to pursue additional sanctions if the court finds that the lawsuit was brought for an improper purpose (A.R.S. § 12-752).

The motion to dismiss may be filed within 90 days. The court awards the moving party costs and reasonable attorney fees if the court grants the dismissal motion. The court awards relief to the non-movant party if the court determines that the motion to dismiss is frivolous (A.R.S. § 12-752).

Strategic actions 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.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRepeals 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)

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18.                    HB 2722

19.  Initials LC/DG       Page 0 Judiciary

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