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25LSO-0550
2025
STATE OF WYOMING
25LSO-0550
ENGROSSED
3.0
HOUSE BILL NO. HB0223
Preventing strategic lawsuits against public participation.
Sponsored by: Representative(s) Ottman, Angelos, Bear, Guggenmos, Hoeft, Lucas, McCann, Singh, Smith, S, Wasserburger, Webb and Webber and Senator(s) Pearson
A BILL
for
AN ACT relating to civil procedure; providing immunity from lawsuits based on the constitutional rights of freedom of petition, expression or speech; specifying procedures and limitations for lawsuits based on public participation; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 1
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44
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101 through 1
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44
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105 are created to read:
CHAPTER 44
LAWSUITS AGAINST PUBLIC PARTICIPATION
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101.
Short title; definitions; purposes.
(a)
This act shall be known and may be cited as the "Wyoming Anti
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SLAPP Act."
(b)
As used in this act:
(i)
"Person" includes groups of individuals, associations, corporations and any other entities referenced in W.S. 8
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102(a)(vi);
(ii)
"Strategic lawsuit" means a strategic lawsuit against public participation;
(iii)
"This act" means W.S. 1
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101 through 1
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105.
(c)
The purposes of this act are to:
(i)
Ensure full participation by persons in the robust discussion of issues in furtherance of the constitutional rights of freedom of petition, freedom of speech and freedom of expression in connection with any matter of public concern. The concept of public concern shall be construed broadly, excluding only matters of purely private concern;
(ii)
Recognize that litigation that hinders those constitutional rights is disfavored and should be resolved quickly with minimum cost to those exercising those constitutional rights that are protected by the First Amendment to the United States constitution and article 1, section 20 of the Wyoming constitution.
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102.
Strategic lawsuits; immunity; procedure.
(a)
All laws in this state shall be construed to grant qualified immunity from suit, prosecution and civil liability for any person in any action, case, claim, administrative proceeding, arbitration or other legal process that impacts the person's constitutional rights under the First Amendment to the United States constitution.
(b)
A person may invoke the qualified immunity provided under subsection (a) of this section at any time. For purposes of this section, the qualified immunity provided under subsection (a) of this section may be waived if a person substantially litigates the case beyond a jurisdictional challenge before raising the immunity, unless facts or circumstances are later discovered demonstrating that the qualified immunity applies and the facts were not available or reasonably discoverable by the person earlier in the case.
(c)
In any case or lawsuit in which a person asserts that the claims, counterclaims, crossclaims or discovery against a person are based, either in whole or in part, on the person's exercise of the constitutional right of petition, freedom of speech or freedom of expression in connection with any matter of public concern under the United States or Wyoming constitutions, the person may move to dismiss or otherwise dispose of the case or lawsuit as expeditiously as possible based on the immunity provided in subsection (a) of this section. For purposes of this subsection:
(i)
A person may invoke the immunity by showing that a claim, counterclaim or crossclaim is based on the person's use of the rights afforded under the First Amendment to the United States constitution or article 1, section 20 of the Wyoming constitution;
(ii)
The immunity may be invoked if a claim, action, proceeding, counterclaim or crossclaim is based on at least one (1) action in furtherance of those rights, even if the claim, action, proceeding, counterclaim or crossclaim is also based on actions not in furtherance of those constitutional rights;
(iii)
The immunity shall be afforded to a person if the responding party:
(A)
Fails to present evidence or supportable allegations, sufficient as a matter of law to establish a prima facie case regarding each element of the claim to survive a motion to dismiss or a judgment on the pleadings; or
(B)
Has presented evidence or supportable allegations establishing a prima facie case regarding each element of the claim, but a moving party has established that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law on the claim, as if the court were evaluating a motion for summary judgment. Neither this subparagraph or subparagraph (A) of this paragraph shall require the court to usurp the role of the jury in evaluation of evidence or credibility of evidence beyond what a court would do if evaluating a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment or a motion for a directed verdict. In all other respects, the right to trial by jury will remain sacrosanct.
(d)
Any denial of a motion to dismiss based on the immunity provided under this section shall be immediately appealable in accordance with the Wyoming Rules of Appellate Procedure.
(e)
If a motion to dismiss is denied under this section, a person may bring a counterclaim to assert the immunity provided under this section. If the finder of fact finds that the initial claim was without merit and had the effect or intent of suppressing rights protected under the First Amendment to the United States constitution or article 1, section 20 of the Wyoming constitution, the court shall award compensatory damages, all costs and reasonable attorney fees to the counterclaimant.
(f)
If a person successfully invokes the immunity provided under this section, whether on a motion to dismiss or at trial, the person shall be entitled to all costs and reasonable attorney fees for defending the case. If an immunity decision is appealed and the person invoking immunity prevails on appeal, the person shall be entitled to all costs and reasonable attorney fees incurred while defending the appeal. For purposes of this subsection:
(i)
The state of Wyoming and its political subdivisions shall be responsible for all damages, costs and fees specified in this subsection, if the state or a political subdivision is the plaintiff in the case;
(ii)
A person may only recover costs and fees for claims for which immunity is granted if all claims or counterclaims are not dismissed under this section.
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103.
Strategic lawsuits; procedures.
(a)
In federal courts and in foreign jurisdictions, these procedural rules are severable from the immunity established in W.S. 1
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102. In Wyoming state courts and wherever these rules are not in conflict with those of the tribunal, if an action is brought against a person in violation of the immunity from litigation, the person against whom the action is brought may bring a special motion to dismiss or a counterclaim, or both.
(b)
A motion to dismiss based on the immunity provided in W.S. 1
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102 shall be filed not less than seven (7) days after a notice of intent to file a motion to dismiss is served on the opposing party.
(c)
Upon the filing of a motion to dismiss based on the immunity provided in W.S. 1
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102, the court shall:
(i)
Determine whether the moving party has established by a preponderance of the evidence that the claim is entitled to immunity under W.S. 1
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102;
(ii)
If the court determines that the moving party has shown its entitlement to immunity, determine whether the nonmoving party has demonstrated, with sufficient evidence, a probability of prevailing on the claim;
(iii)
If the court determines that the nonmoving party has established its burden under paragraph (ii) of this subsection, ensure that the determination shall not:
(A)
Be admitted into evidence at any subsequent stage of the proceeding;
(B)
Affect the burden of proof that is applied in the underlying action or proceeding.
(iv)
Consider any evidence that may be material in making the required determinations under this subsection;
(v)
Except as otherwise provided in paragraph (iv) of this subsection, stay all other actions and activities in the case, including discovery and motions pending a ruling by the court on the immunity motion and the disposition of any appeal from the ruling on the immunity motion;
(vi)
Rule on the immunity motion not later than thirty (30) business days after the motion is filed. The deadline specified in this paragraph may be extended by a showing of good cause.
(d)
Upon a showing that information necessary to support or oppose the motion to dismiss is in the possession of another person and is not reasonably available without discovery, the court shall allow limited discovery for purposes of obtaining that information. For purposes of this subsection:
(i)
A separate motion shall be filed to seek limited discovery under this subsection and must be accompanied by an affidavit signed under penalty of perjury;
(ii)
The motion for limited discovery shall include, with specificity, the discovery requested, the reason the discovery is necessary and why the information cannot be obtained in any other way;
(iii)
If the motion lacks specificity, the motion shall be denied, and the nonmoving party shall be entitled to reasonable attorney fees for responding to the motion;
(iv)
Before bringing a motion for limited discovery under this subsection, the moving party shall meet and confer with the opposing party to resolve the matter without a motion. If the nonmoving party has unreasonably declined to agree to the discovery, the moving party shall be entitled to reasonable attorney fees incurred by bringing the motion.
(e)
If the court dismisses an action under a motion to dismiss based on the immunity provided in W.S. 1
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102, the dismissal shall be treated as an adjudication on the merits.
(f)
If the plaintiff in a strategic lawsuit moves to dismiss the action or files notice of intent to dismiss the action, or if the plaintiff seeks to amend the complaint, after a motion to dismiss based on the immunity provided in W.S. 1
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102 is filed:
(i)
The plaintiff's motion to dismiss or notice shall function as an admission that the immunity motion is meritorious, and the court shall grant the immunity motion;
(ii)
The plaintiff's motion to amend shall function as an admission that the immunity motion is meritorious as to any claims that the motion to amend would remove.
(g)
The court may modify any deadlines under this section if necessary to serve the interests of justice.
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104.
Strategic participation lawsuits; separate actions and counterclaims.
(a)
If any claim, action, administrative proceeding, arbitration or any similar process is brought as a strategic lawsuit against a person, the person may invoke the immunity provided in W.S. 1
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102 through a separate action or counterclaim. For purposes of this section, a person may bring a separate action after conclusion of the strategic lawsuit.
(b)
If a strategic lawsuit is brought against a person and the person successfully invokes immunity under this chapter, the person may bring a separate action to recover costs and attorney fees that are not awarded by the court in accordance with this chapter. For purposes of this subsection:
(i)
A person shall prevail in an action brought under this subsection if the strategic lawsuit was without merit and had the effect or intent of suppressing rights provided under the First Amendment to the United States constitution;
(ii)
Upon prevailing in an action under this subsection, a person shall be entitled to statutory damages of not less than ten thousand dollars ($10,000.00), compensatory damages, reasonable attorney fees and costs.
(c)
A person who is a Wyoming citizen shall have a cause of action if the person is subject to a strategic lawsuit in another jurisdiction, the other jurisdiction declines to apply the immunity provided in this chapter and the person prevails in the strategic lawsuit. To prevail in a cause of action under this section:
(i)
The strategic lawsuit would have been subject to this chapter if brought in Wyoming;
(ii)
The person attempted to invoke the immunity provided in this chapter, but the other jurisdiction declined to apply the immunity;
(iii)
The person prevailed in that foreign action, including a dismissal without prejudice or a dismissal for a lack of jurisdiction;
(iv)
The person gave the plaintiff in the strategic lawsuit notice, in writing, that if the person prevailed in the plaintiff's strategic lawsuit, the person would be entitled to bring a cause of action in Wyoming under this subsection.
(d)
A person who prevails in a cause of action brought under subsection (c) of this section shall be entitled to:
(i)
Statutory damages of not less than ten thousand dollars ($10,000.00) and not more than one hundred thousand dollars ($100,000.00);
(ii)
Damages in an amount equal to the actual costs and reasonable attorney fees incurred in the foreign action incurred after providing notice specified in paragraph (c)(iv) of this section;
(iii)
All costs and reasonable attorney fees incurred in the cause of action brought under subsection (c) of this section;
(iv)
Any other compensatory damages that the court deems appropriate.
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105.
Applicability.
This chapter shall apply to all actions in the state of Wyoming and, to the fullest extent permissible, to all actions in federal courts and foreign jurisdictions.
Section 2
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This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0223