SB 232, HCA 1 -- STRATEGIC LITIGATION AGAINST PUBLIC
PARTICIPATION SUITS

SPONSOR:  Loudon (Bivins)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 12 to 0 with 1 present.

This bill provides that all conduct, speech, or other petitioning
activities made in connection with a public meeting will be
immune from civil liability if the conduct is aimed at procuring
any government action.  Currently, a party sued for the conduct
is authorized to file a special motion to dismiss the action.
The bill specifies that the motion will be granted unless the
responding party produces clear and convincing evidence that the
moving party is not immune from liability.

A party who prevails on a special motion may petition the court
for the actual and punitive damages for abuse of process and
malicious prosecution.  The expenses of a party initiating legal
action based on the conduct, speech, or other petitioning
activities will qualify as a tax-deductible business expense.

The Attorney General is authorized to intervene and assume the
costs of defending a suit which appears to be violating a
Missouri citizen's speech which is immune from civil liability as
provided in the bill.

HCA 1 -- Provides that conduct or speech undertaken or made at or
in connection with a public meeting will possess a qualified
privilege against liability for slander or libel when the speech
is aimed at procuring any governmental action and that a special
motion to dismiss this type of action will not be granted unless
the responding party shows by a preponderance of the evidence
that the moving party is not privileged from liability.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill allows for the award of
punitive damages.  It clarifies some provisions from last year's
bill.

Testifying for the bill was Senator Loudon.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm