COMMITTEE ON JUDICIARY
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2722
Page 1, line 7, strike "definition" insert "definitions"
Line 9, after "speech" insert ", the right to freely associate"
Line 10, strike "the" insert "a"
Line 11, after "party" insert "other than a state actor or intervenor"
Strike lines 16 through 29, insert:
"B. The court shall grant the motion unless the party against whom the motion is made shows that the moving party's exercise of the right of petition did not contain any reasonable factual support or any arguable basis in law and that the moving party's acts caused actual compensable injury to the responding party. one of the following applies:
1. If the motion is filed against a state actor that initiated the underlying proceeding, the state actor shows by a preponderance of evidence that the disputed legal action arises out of a violation of clearly established law and by clear and convincing evidence that state actor did not act in order to deter, prevent or retaliate against the exercise of constitutional rights.
2. If the motion is filed against a state actor that did not initiate the underlying proceeding, the state actor shows that the disputed legal action is justified by existing precedents or any reasonable argument for extending or modifying existing law and by clear and convincing evidence that the state actor did not act in order to deter, prevent or retaliate against the exercise of constitutional rights.
3. If the motion is not filed against a state actor, the party against whom the motion is filed shows that the disputed legal action is justified by existing precedents or any reasonable argument for extending or modifying existing law.
C. In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating facts on which the liability, or defense or action is based. At the request of the moving party, the court shall make findings whether the lawsuit was brought to deter or prevent the moving party from exercising constitutional rights and is thereby brought for an improper purpose, including to harass or to cause unnecessary delay or needless increase in the cost of litigation. If the court finds that the"
Reletter to conform
Page 2, strike lines 24 through 28, insert:
"I. For the purposes of this section:
(a) Means any civil action, claim, cross-claim or counterclaim, any criminal prosecution, any written investigative demand pursuant to section 38-431.06 or other compulsory legal process or any regulatory or administrative action by this state or any agency or political subdivision of this state.
(b) Does not include either of the following:
(i) If initiated by a private party, an action that only asserts a claim for nominal damages.
(ii) a motion filed pursuant to subsection A of this section.
2. "State actor" means this state, and any county, city, town or political subdivision of this state."
Amend title to conform