Bill Text: MI HB5036 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Civil procedure; civil actions; strategic lawsuits against public participation; limit. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2977.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-08-24 - Referred To Committee On Judiciary [HB5036 Detail]
Download: Michigan-2009-HB5036-Introduced.html
HOUSE BILL No. 5036
June 3, 2009, Introduced by Reps. Ebli, Melton, LeBlanc and Valentine and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2977.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2977. (1) Except as provided in subsection (2), on motion
of a defendant, a court shall dismiss a civil action against the
defendant if both of the following apply:
(a) The action is based on the individual's communication with
a governmental unit, a public official, or another person in
furtherance of the individual's constitutional right to petition,
including seeking relief, influencing action, informing, or
otherwise participating in the process of government, and the
communication was aimed at procuring a governmental or electoral
action, result, or outcome.
(b) The court finds by a preponderance of the evidence that
the action was initiated with the primary purpose of harassing or
intimidating the individual or otherwise hindering the individual's
participation in the process of government.
(2) An action shall not be dismissed under this section if
either of the following applies:
(a) The individual made the communication that gave rise to
the action with knowledge that it was false or with reckless
disregard for whether the communication was false.
(b) The communication that gave rise to the action included
information that the individual was prohibited by law from
disseminating.
(3) The court shall award all of the following to a moving
defendant in an action that is dismissed under this section:
(a) Three times the amount of damages sustained by the
defendant as a result of the action.
(b) Court costs of the action.
(c) Reasonable attorney fees and other expenses incurred in
defending against the action.
(d) If the amounts awarded under subdivisions (a) to (c) total
less than $5,000.00, the difference between the total and
$5,000.00.
(e) Additional sanctions against the plaintiff and the
attorney or law firm representing the plaintiff as the court
determines are sufficient to deter the plaintiff and the attorney
or law firm from filing similar actions described in subsection
(1).
(4) A defendant in an action that is dismissed under this
section may bring a separate action, cross-claim, or counterclaim
to recover any item described in subsection (3). However, the
defendant is not entitled to a double recovery of the same item.
(5) As used in this section:
(a) "Communication" means an oral statement, writing,
electronic transmission, photograph, depiction, peaceful
demonstration, or other expression.
(b) "Governmental unit" means this state, a municipality, a
political subdivision or agency of this state, the federal
government, or a public authority, board, or commission.
(c) "Person" means an individual, a corporation, a
partnership, a limited liability company, an association, an
organization, 2 or more persons who have a joint or common
interest, or another legal entity.
(d) "Public official" means a person who is elected or
appointed to any of the following:
(i) An office established by the state constitution of 1963.
(ii) A public office of a city, village, township, or county in
this state.
(iii) A department, board, agency, institution, commission,
authority, division, council, college, university, school district,
intermediate school district, special district, or other public
entity of this state or a city, village, township, or county in
this state.
