STATE OF MICHIGAN SUBSTITUTE FOR HOUSE BILL NO. 4709 A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2964. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: SEC. 2964. (1) A person who communicates with a governmental unit, a public official, or another person in furtherance of the constitutional right to petition, including seeking relief, influencing action, informing, communicating, and otherwise participating in the processes of government, is immune from civil liability for damages when the communication is aimed at procuring any governmental or electoral action, result, or outcome. (2) The court shall grant a motion to dispose of a claim based on the immunity granted in subsection (1), unless the responding party establishes one of the following by clear and convincing evidence: (A) The moving party is not immune from liability under subsection (1). (B) The communication that gave rise to the action was made with knowledge that it was false or with reckless disregard of whether it was false and causes actual harm to the plaintiff, if the truth or falsity of the communication is material to the cause of action at issue. (C) The communication that gave rise to the action included information that the defendant was prohibited by statute or common law from disseminating. (3) Either of the following may intervene to defend or otherwise support the person described in subsection (1): (A) Any governmental unit to which a person who is granted immunity under subsection (1) communicates. (B) The attorney general. (4) The court shall order the suspension of all discovery proceedings in the underlying action until the court issues an order on the motion under subsection (2). (5) The court shall award all of the following to a defendant who has had an action dismissed under subsection (2): (A) Costs, including reasonable attorney and expert witness fees, that were incurred to bring the motion. (B) Additional sanctions against the plaintiff and its attorney or law firm as it determines are sufficient to deter the plaintiff and its attorney or law firm from filing a claim for damages allegedly resulting from a communication described in subsection (1). (6) A defendant who has had a claim dismissed under this section may maintain an action, claim, cross-claim, or counter claim to recover any of the following from a person who commenced the action: (A) Actual and compensatory damages. (B) Costs and attorney fees. (C) Exemplary damages. (7) Recovery under subsection (6) is limited to those costs, damages, and attorney fees that were not recovered under subsection (5). (8) The right to bring 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 is a proceeding, decision, protest, writing, argument, contention, or other expression. (B) "Governmental unit" means the 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 the motion described in subsection (2) is filed. (D) "Person" means an individual, corporation, partnership, limited liability company, association, organization, two or more persons having a joint or common interest, or other legal entity. (E) "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. (F) "Responding party" means any person against whom the motion described in subsection (2) is filed.