Introduced by Senators BRATER, PRUSI, EMERSON, SCOTT and LELAND and referred to the Committee on Judiciary.
May 13, 2004
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961,"(MCL 600.101 to 600.9947)by adding section 2974.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2974.
(1) A person who communicates with a governmental unit, public official, or other person in furtherance of the constitutional right to petition, including seeking relief, influencing action, informing, communicating, and otherwise participating in the process of government is immune from civil liability for damages if the communication is aimed at procuring a governmental or electoral action, result, or outcome.
(2) A court shall grant a motion to dismiss a claim based on the immunity granted by this section, unless the responding party produces clear and convincing evidence of 1 or more of the following:
(a) The moving party is not immune from liability under subsection (1).
(b) All of the following apply to the communication that gave rise to the claim:
(i) The communication was made with knowledge that it was false or with reckless disregard of whether it was false.
(ii) The communication caused actual harm to the person making the claim.
(iii) The communication is material to the claim.
(c) The communication that gave rise to the action included information that the moving party was prohibited by statute or common law from disseminating.
(3) Either of the following may intervene in an action to defend or otherwise support a person making a communication described in subsection (1):
(a) Any governmental unit to which the person communicates.
(b) The attorney general.
(4) A court shall order the suspension of all discovery proceedings in an action while a motion to dismiss a claim based on the immunity granted by this section is pending.
(5) A court shall award all of the following to a person in whose favor a claim is dismissed under this section:
(a) Costs, including reasonable attorney and expert witness fees, incurred in bringing the motion.
(b) Additional sanctions against the responding party and the responding party's attorney or law firm that the court determines are sufficient to deter the respondent and the respondent's attorney or law firm from filing a claim for damages allegedly resulting from a communication described in subsection (1).
(6) A person in whose favor a claim is dismissed under this section may maintain an action, claim, cross-claim, or counterclaim to recover 1 or more of the following from a person who filed the claim:
(a) Actual and compensatory damages.
(b) Costs and attorney fees.
(c) Exemplary damages.
(7) A person may not recover damages, costs, or fees under subsection (6) that the person recovers under subsection (5).
(8) The right to maintain an action under subsection (6) can be waived only if it is waived specifically.
(9) As used in this section:
(a) "Communication" means a statement, claim,allegation in a proceeding, decision, protest, writing, argument, contention, 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) "Moving party" means a person on whose behalf a motion described in subsection (2) is filed.
(d) "Person" means an individual, corporation, partnership,limited liability company, association, organization, 2 or more persons having a joint or common interest, or other legal entity.
(e) "Public official" means an individual elected or appointed to 1 or more of the following:
(i) An office established by the state constitution of 1963.
(i) 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.
(f) "Responding party" means a person against whom a motion described in subsection (2) is filed.
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