State of Arkansas
83rd General Assembly
Regular Session, 2001
By: Representative Judy
For An Act To Be Entitled
AN ACT TO AMEND ARKANSAS CODE TITLE 16, CHAPTER 63 TO
ADD AN ADDITIONAL SUBCHAPTER 5 TO ESTABLISH A JUDICIAL
PROCEDURE TO PROTECT THE RIGHTS OF ARKANSAS’ CITIZENS
TO PARTICIPATE IN GOVERNMENT ACTIONS AND DECISIONS;
AND FOR OTHER PURPOSES.
Subtitle
TO ESTABLISH A JUDICIAL PROCEDURE TO
PROTECT THE RIGHTS OF ARKANSAS’ CITIZENS
TO PARTICIPATE IN GOVERNMENT ACTIONS AND
DECISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 16, Chapter 63, is amended to add an
additional subchapter to read as follows:
Subchapter 5 - Citizen Participation in Government Act
16-63-501. Title.
This subchapter shall be known as and may be cited as the "Citizen Participation in Government Act."
16-63-502. Purpose.
The purpose of this subchapter is:
(1) To protect and encourage citizen participation in government to the
maximum extent permitted by law;
(2) To create a more equitable balance between the rights of a person
to file a lawsuit and to a trial by jury and the right of a person to
petition, speak out, associate, and otherwise participate in government;
(3) To support the operation of and assure the continuation of
representative government in America by protecting the participation of the
public in government programs, in public policy decisions, and in other
deliberative actions of governing bodies;
(4) To establish a balanced, uniform, comprehensive process for speedy
adjudication of a particular kind of lawsuits called "strategic lawsuits
against public participation" or "SLAPPs" which will also act as a major
contribution to lawsuit reform; and
(5) To provide for attorney fees, costs, and damages for persons whose
citizen participation rights have been violated by someone filing a strategic
lawsuit against public participation against the citizen.
16-63-503. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) "Government" means a branch, department, agency, instrumentality,
official, employee, agent, or other person acting under color of law of the
United States, a state, or a political subdivision of a state or other public
authority, including the electorate;
(2) "Judicial claim" means any lawsuit, cause of action, claim, cross-
claim, counterclaim, or other court pleading or petition seeking damages or
requesting relief;
(3) "Motion" means any motion to dismiss, for summary judgment, for
judgment on the pleadings, to strike, or any other judicial pleading filed to
dispose of a judicial claim;
(4) "Moving party" means any person on whose behalf the motion
described in § 16-63-505 is filed seeking dismissal of the judicial claim;
(5) "Person" means any individual, corporation, association,
organization, partnership, two (2) or more persons having a joint or common
interest, or other legal entity;
(6) "Responding party" means any person against whom the motion
described in § 16-63-505 is filed;
(7) "State" means a state government of the United States, and any of
its agencies, or departments, including the District of Columbia, the
Commonwealth of Puerto Rico, and each territory and possession of the United
States; and
(8) “Trial court” means a circuit court in Arkansas.
16-63-504. Immunity from suit.
(a) Any person who in furtherance of the person's right of free speech
or right of petition under the Arkansas or United States constitutions in
connection with a public or governmental issue communicates information
regarding another person or entity to any agency or any governing body of the
federal, state or local government regarding a matter of concern to that
agency or governing body shall be immune from civil liability on any judicial
claims based upon the communication to the agency or governing body.
(b) The immunity conferred by this section shall not attach if the
person communicating the information:
(1) Knew the information to be false; or
(2) Communicated the information in willful or reckless disregard
of its falsity.
16-63-505. Motion and required procedures.
(a) This section applies to any motion disposing of a judicial claim
in a proceeding on the grounds that the judicial claim is based on, relates
to, or is in response to any action of the moving party in furtherance of the
moving party's rights as described in § 16-63-504.
(b) On the filing of any motion described in subsection (a) of this
section;
(1) The motion shall be treated by the trial court as one fo
summary judgment and the court shall use a time period appropriate to an
expedited motion to speed the proceedings;
(2) The moving party shall have a right of expedited appeal from
a trial court order denying a motion or from a trial court's failure to rule
on a motion in expedited fashion;
(3) Discovery in the judicial claim shall be suspended until a
decision is made on the final disposition of the motion, including any appeals
that are made;
(4) A responding party shall have the burden of proof, the burden
of going forward with the evidence, and the burden of persuasion on the
motion; and
(5) The court shall make its determination on the motion based
upon the facts contained in the pleadings and affidavits filed.
(b) The court shall grant the motion and dismiss the judicial claim, unless the responding party has produced clear and convincing evidence that the actions of the moving party are not immunized from liability by § 16-63- 504.
(c) Any government body to which the moving party's action was directed or the Attorney General may intervene to defend or otherwise support the moving party in the judicial claim against the responding party.
16-63-506. Attorney fees and damages.
(a) If the moving party prevails on a motion, the court shall award a
moving party, whose judicial claim was dismissed, the costs of litigation and
any reasonable attorney fees associated with bringing the motion.
(b) The court may award additional sanctions upon the responding party
and the party's attorneys or law firms which the trial court determines will
be sufficient to deter repetition of the conduct or comparable conduct by
others.
(c) A prevailing person damaged or injured by reason of a judicial
claim filed in violation of the person’s rights under § 16-63-504 may seek
relief in the form of a claim for actual or compensatory damages, as well as
punitive damages, attorney fees, and costs of litigation, from the person or
persons responsible.
16-63-507. Additional provisions.
(a) Nothing in this subchapter shall limit or preclude any rights the
moving party may have under any other constitutional, statutory, case or
common law, or rule provisions.
(b) This subchapter shall be construed liberally to effectuate its
purposes and intent fully.
(c) This subchapter shall take effect January 1, 2002.
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