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Senate
File
334
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Introduced
SENATE
FILE
334
BY
WESTRICH
A
BILL
FOR
An
Act
creating
a
special
motion
for
expedited
relief
in
1
actions
involving
the
exercise
of
the
right
of
freedom
of
2
speech
and
of
the
press,
the
right
to
assemble
and
petition,
3
and
the
right
of
association,
and
including
effective
date
4
and
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
652.1
Title.
1
This
chapter
may
be
cited
as
the
“Uniform
Public
Expression
2
Protection
Act”
.
3
Sec.
2.
NEW
SECTION
.
652.2
Scope.
4
1.
As
used
in
this
section:
5
a.
“Goods
or
services”
does
not
include
the
creation,
6
dissemination,
exhibition,
or
advertisement
or
similar
7
promotion
of
a
dramatic,
literary,
musical,
political,
8
journalistic,
or
artistic
work.
9
b.
“Governmental
unit”
means
a
public
corporation
10
or
government
or
governmental
subdivision,
agency,
or
11
instrumentality.
12
2.
Except
as
otherwise
provided
in
subsection
3,
this
13
chapter
applies
to
a
cause
of
action
asserted
in
a
civil
action
14
against
a
person
based
on
any
of
the
following
of
the
person:
15
a.
Communication
in
a
legislative,
executive,
judicial,
16
administrative,
or
other
governmental
proceeding.
17
b.
Communication
on
an
issue
under
consideration
or
review
18
in
a
legislative,
executive,
judicial,
administrative,
or
other
19
governmental
proceeding.
20
c.
Exercise
of
the
right
of
freedom
of
speech
or
of
the
21
press,
the
right
to
assemble
or
petition,
or
the
right
of
22
association,
guaranteed
by
the
Constitution
of
the
United
23
States
or
the
Constitution
of
the
State
of
Iowa,
on
a
matter
of
24
public
concern.
25
3.
This
chapter
does
not
apply
to
any
of
the
following
26
causes
of
action
asserted:
27
a.
Against
a
governmental
unit
or
an
employee
or
agent
of
a
28
governmental
unit
acting
or
purporting
to
act
in
an
official
29
capacity.
30
b.
By
a
governmental
unit
or
an
employee
or
agent
of
a
31
governmental
unit
acting
in
an
official
capacity
to
enforce
a
32
law
to
protect
against
an
imminent
threat
to
public
health
or
33
safety.
34
c.
Against
a
person
primarily
engaged
in
the
business
of
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selling
or
leasing
goods
or
services
if
the
cause
of
action
1
arises
out
of
a
communication
related
to
the
person’s
sale
or
2
lease
of
the
goods
or
services.
3
Sec.
3.
NEW
SECTION
.
652.3
Special
motion
for
expedited
4
relief.
5
Not
later
than
sixty
days
after
a
party
is
served
with
a
6
petition,
crossclaim,
counterclaim,
third-party
claim,
or
other
7
pleading
that
asserts
a
cause
of
action
to
which
this
chapter
8
applies,
or
at
a
later
time
on
a
showing
of
good
cause,
the
9
party
may
file
a
special
motion
for
expedited
relief
to
dismiss
10
the
cause
of
action
or
part
of
the
cause
of
action.
11
Sec.
4.
NEW
SECTION
.
652.4
Stay.
12
1.
Except
as
otherwise
provided
in
subsections
4
through
13
7,
on
the
filing
of
a
motion
under
section
652.3,
all
of
the
14
following
apply:
15
a.
All
other
proceedings
between
the
moving
party
and
16
responding
party,
including
discovery
and
a
pending
hearing
or
17
motion,
are
stayed.
18
b.
On
motion
by
the
moving
party,
the
court
may
stay
a
19
hearing
or
motion
involving
another
party,
or
discovery
by
20
another
party,
if
the
hearing
or
ruling
on
the
motion
would
21
adjudicate,
or
the
discovery
would
relate
to,
an
issue
material
22
to
the
motion
under
section
652.3.
23
2.
A
stay
under
subsection
1
remains
in
effect
until
entry
24
of
an
order
ruling
on
the
motion
under
section
652.3
and
25
expiration
of
the
time
under
section
652.9
for
the
moving
party
26
to
appeal
the
order.
27
3.
Except
as
otherwise
provided
in
subsections
5,
6,
28
and
7,
if
a
party
appeals
from
an
order
ruling
on
a
motion
29
under
section
652.3,
all
proceedings
between
all
parties
in
30
the
action
are
stayed.
The
stay
remains
in
effect
until
the
31
conclusion
of
the
appeal.
32
4.
During
a
stay
under
subsection
1,
the
court
may
allow
33
limited
discovery
if
a
party
shows
that
specific
information
is
34
necessary
to
establish
whether
a
party
has
satisfied
or
failed
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to
satisfy
a
burden
under
section
652.7,
subsection
1,
and
the
1
information
is
not
reasonably
available
unless
discovery
is
2
allowed.
3
5.
A
motion
under
section
652.10
for
costs,
attorney
fees,
4
and
expenses
is
not
subject
to
a
stay
under
this
section.
5
6.
A
stay
under
this
section
does
not
affect
a
party’s
6
ability
to
voluntarily
dismiss
a
cause
of
action
or
part
of
a
7
cause
of
action
or
move
to
sever
a
cause
of
action.
8
7.
During
a
stay
under
this
section,
the
court
for
good
9
cause
may
hear
and
rule
on
all
of
the
following:
10
a.
A
motion
unrelated
to
the
motion
under
section
652.3.
11
b.
A
motion
seeking
a
special
or
preliminary
injunction
to
12
protect
against
an
imminent
threat
to
public
health
or
safety.
13
Sec.
5.
NEW
SECTION
.
652.5
Hearing.
14
1.
The
court
shall
hear
a
motion
under
section
652.3
not
15
later
than
sixty
days
after
filing
of
the
motion,
unless
the
16
court
orders
a
later
hearing
for
any
of
the
following:
17
a.
To
allow
discovery
under
section
652.4,
subsection
4.
18
b.
For
other
good
cause.
19
2.
If
the
court
orders
a
later
hearing
under
subsection
1,
20
paragraph
“a”
,
the
court
shall
hear
the
motion
under
section
21
652.3
not
later
than
sixty
days
after
the
court
order
allowing
22
the
discovery,
unless
the
court
orders
a
later
hearing
under
23
subsection
1,
paragraph
“b”
.
24
Sec.
6.
NEW
SECTION
.
652.6
Proof.
25
In
ruling
on
a
motion
under
section
652.3,
the
court
shall
26
consider
the
pleadings,
the
motion,
any
reply
or
response
to
27
the
motion,
and
any
evidence
that
could
be
considered
in
ruling
28
on
a
motion
for
summary
judgment
under
rule
of
civil
procedure
29
1.981.
30
Sec.
7.
NEW
SECTION
.
652.7
Dismissal
of
cause
of
action
in
31
whole
or
part.
32
1.
In
ruling
on
a
motion
under
section
652.3,
the
court
33
shall
dismiss
with
prejudice
a
cause
of
action,
or
part
of
a
34
cause
of
action,
if
all
of
the
following
are
true:
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a.
The
moving
party
establishes
under
section
652.2,
1
subsection
2,
that
this
chapter
applies.
2
b.
The
responding
party
fails
to
establish
under
section
3
652.2,
subsection
3,
that
this
chapter
does
not
apply.
4
c.
Any
of
the
following
are
true:
5
(1)
The
responding
party
fails
to
establish
a
prima
facie
6
case
as
to
each
essential
element
of
the
cause
of
action.
7
(2)
The
moving
party
establishes
that
any
of
the
following:
8
(a)
The
responding
party
failed
to
state
a
cause
of
action
9
upon
which
relief
can
be
granted.
10
(b)
There
is
no
genuine
issue
as
to
any
material
fact
and
11
the
moving
party
is
entitled
to
judgment
as
a
matter
of
law
on
12
the
action
or
part
of
an
action.
13
2.
A
voluntary
dismissal
without
prejudice
of
a
responding
14
party’s
cause
of
action,
or
part
of
a
cause
of
action,
that
is
15
the
subject
of
a
motion
under
section
652.3
does
not
affect
a
16
moving
party’s
right
to
obtain
a
ruling
on
the
motion
and
seek
17
costs,
attorney
fees,
and
expenses
under
section
652.10.
18
3.
A
voluntary
dismissal
with
prejudice
of
a
responding
19
party’s
cause
of
action,
or
part
of
a
cause
of
action,
that
is
20
the
subject
of
a
motion
under
section
652.3
establishes
for
the
21
purpose
of
section
652.10
that
the
moving
party
prevailed
on
22
the
motion.
23
Sec.
8.
NEW
SECTION
.
652.8
Ruling.
24
The
court
shall
rule
on
a
motion
under
section
652.3
not
25
later
than
sixty
days
after
a
hearing
under
section
652.5.
26
Sec.
9.
NEW
SECTION
.
652.9
Appeal.
27
A
moving
party
may
appeal
as
a
matter
of
right
from
an
order
28
denying,
in
whole
or
in
part,
a
motion
under
section
652.3.
29
The
appeal
must
be
filed
not
later
than
thirty
days
after
entry
30
of
the
order.
31
Sec.
10.
NEW
SECTION
.
652.10
Costs,
attorney
fees,
and
32
expenses.
33
On
a
motion
under
section
652.3,
the
court
shall
award
court
34
costs,
reasonable
attorney
fees,
and
reasonable
litigation
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expenses
related
to
the
motion
in
the
following
circumstances:
1
1.
To
the
moving
party
if
the
moving
party
prevails
on
the
2
motion.
3
2.
To
the
responding
party
if
the
responding
party
prevails
4
on
the
motion
and
the
court
finds
that
the
motion
was
frivolous
5
or
filed
solely
with
intent
to
delay
the
proceeding.
6
Sec.
11.
NEW
SECTION
.
652.11
Construction.
7
This
chapter
shall
be
broadly
construed
and
applied
to
8
protect
the
exercise
of
the
right
of
freedom
of
speech
and
of
9
the
press,
the
right
to
assemble
and
petition,
and
the
right
10
of
association,
guaranteed
by
the
Constitution
of
the
United
11
States
or
the
Constitution
of
the
State
of
Iowa.
12
Sec.
12.
NEW
SECTION
.
652.12
Uniformity
of
application
and
13
construction.
14
In
applying
and
construing
this
chapter,
consideration
shall
15
be
given
to
the
need
to
promote
uniformity
of
the
law
with
16
respect
to
its
subject
matter
among
states
that
enact
it.
17
Sec.
13.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
18
immediate
importance,
takes
effect
upon
enactment.
19
Sec.
14.
APPLICABILITY.
This
Act
applies
to
a
civil
action
20
filed
or
cause
of
action
asserted
in
a
civil
action
on
or
after
21
the
effective
date
of
this
Act.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
enacts
the
“Uniform
Public
Expression
Protection
26
Act”,
which
creates
a
special
motion
for
expedited
relief
in
27
actions
involving
the
exercise
of
the
right
of
freedom
of
28
speech
and
of
the
press,
the
right
to
assemble
and
petition,
29
and
the
right
of
association.
30
The
bill
applies
to
a
cause
of
action
asserted
in
a
civil
31
action
against
a
person
based
on
the
person’s
communication
32
in
a
legislative,
executive,
judicial,
administrative,
or
33
other
governmental
proceeding;
communication
on
an
issue
under
34
consideration
or
review
in
a
legislative,
executive,
judicial,
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administrative,
or
other
governmental
proceeding;
or
exercise
1
of
the
person’s
first
amendment
right
on
a
matter
of
public
2
concern.
3
The
bill
does
not
apply
to
causes
of
action
against
a
4
governmental
unit
or
an
employee
or
agent
of
a
governmental
5
unit
acting
or
purporting
to
act
in
an
official
capacity;
by
6
a
governmental
unit
or
an
employee
or
agent
of
a
governmental
7
unit
acting
in
an
official
capacity
to
enforce
or
protect
8
against
an
imminent
threat
to
public
health
or
safety;
or
9
against
a
person
engaged
in
the
business
of
selling
or
leasing
10
goods
or
services
if
the
cause
of
action
arises
out
of
a
11
communication
related
to
a
person’s
sale
or
lease
of
the
goods
12
or
services.
13
The
bill
defines
“goods
or
services”
to
not
include
the
14
creation,
dissemination,
exhibition,
or
advertisement
or
15
similar
promotion
of
a
dramatic,
literary,
musical,
political,
16
journalistic,
or
artistic
work,
and
defines
“governmental
unit”
17
to
mean
a
public
corporation
or
government
or
governmental
18
subdivision,
agency,
or
instrumentality.
19
The
bill
provides
that
no
later
than
60
days
after
being
20
served
with
a
cause
of
action
to
which
the
bill
applies,
or
21
at
a
later
time
upon
showing
of
good
cause,
a
party
may
file
22
a
special
motion
for
expedited
relief
to
dismiss
the
cause
23
of
action
or
part
of
the
cause
of
action.
The
filing
of
24
the
special
motion
stays
all
other
proceedings
between
the
25
parties,
and
the
court
has
discretion
to
stay
a
proceeding
26
involving
another
party
if
the
hearing
or
ruling
on
motion
27
would
adjudicate
an
issue
material
to
the
motion.
A
hearing
28
shall
be
held
no
later
than
60
days
after
filing
the
motion,
29
unless
the
court
orders
a
later
hearing
to
allow
discovery
30
or
for
good
cause.
A
stay
remains
in
effect
until
an
order
31
ruling
on
the
motion
is
entered
and
the
30-day
appeal
period
32
following
the
order
has
concluded.
During
a
stay,
the
court
33
may
allow
limited
discovery
if
a
party
shows
the
information
34
is
not
reasonably
available
and
that
specific
information
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is
necessary
to
establish
whether
a
party
has
satisfied
the
1
party’s
burden
under
the
bill.
The
court
may
also,
for
good
2
cause,
hear
and
rule
on
motions
unrelated
to
the
special
motion
3
and
a
motion
seeking
an
injunction.
The
bill
provides
that
a
4
motion
for
costs,
attorney
fees,
and
expenses
is
not
subject
5
to
the
special
motion
for
expedited
relief
stay.
The
parties’
6
ability
to
voluntarily
dismiss
or
move
to
sever
is
not
affected
7
by
the
special
motion
for
expedited
relief
stay.
8
The
bill
provides
that
in
ruling
on
a
special
motion
for
9
expedited
relief,
the
court
shall
dismiss
with
prejudice
a
10
cause
of
action,
or
part
of
a
cause
of
action,
if
the
moving
11
party
establishes
that
the
bill
applies,
the
responding
party
12
fails
to
establish
that
the
bill
does
not
apply,
and
either
the
13
responding
party
fails
to
establish
a
prima
facie
case
as
to
14
each
essential
element
of
the
cause
of
action
or
the
moving
15
party
establishes
that
the
responding
party
failed
to
state
a
16
cause
of
action
upon
which
relief
can
be
granted
or
there
is
no
17
genuine
issue
as
to
any
material
fact
and
the
moving
party
is
18
entitled
to
judgment
as
a
matter
of
law
on
the
cause
of
action
19
or
part
of
the
cause
of
action.
20
The
bill
provides
that
the
court
may
award
court
costs,
21
reasonable
attorney
fees,
and
reasonable
litigation
fees
22
relating
to
the
special
motion
to
the
prevailing
party.
23
The
bill
is
a
uniform
Act
drafted
by
the
national
conference
24
of
commissioners
on
uniform
state
laws.
The
bill
takes
effect
25
upon
enactment.
The
bill
applies
to
actions
that
are
filed
on
26
or
after
the
effective
date
of
the
bill.
27
-7-
LSB
1752XS
(3)
91
cm/jh
7/
7