THE GENERAL ASSEMBLY OF PENNSYLVANIA
Session of 1997
INTRODUCED BY BIRMELIN, BATTISTO, CLYMER, OLASZ, BELARDI,
PHILLIPS, HENNESSEY, MARSICO, B. SMITH, ORIE, GODSHALL,
MASLAND, LYNCH, DALEY, M. N. WRIGHT, FLEAGLE, COY, STABACK,
WILT, GEIST, WAUGH, ROONEY, PLATTS, KENNEY, RAYMOND, ALLEN,
BROWN, FICHTER, BOSCOLA, MELIO, READSHAW, DeLUCA, SERAFINI,
BROWNE, BAKER, HUTCHINSON, S. H. SMITH, NICKOL, BARD, FARGO,
MAITLAND, SAYLOR, LEDERER, HARHART, TRELLO, DALLY, SANTONI,
HESS, BENNINGHOFF, STERN, ADOLPH, TRUE, DRUCE, LEH, MILLER,
WALKO, ARMSTRONG, ITKIN, ROHRER, E. Z. TAYLOR, EGOLF,
JOSEPHS, STEELMAN, SEYFERT, McNAUGHTON, CALTAGIRONE, ROBERTS,
RAMOS, THOMAS AND YOUNGBLOOD
SEPTEMBER 3, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 29, 1997
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
collection of restitution, reparation, fees, costs, fines and
penalties and; PROVIDING FOR IMMUNITY FROM SUIT IN CONNECTION
WITH CERTAIN ACTIONS RELATED TO ENVIRONMENTAL LAW OR
REGULATION; AND FURTHER PROVIDING for record requirements.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
[Editor's note: Section 1 is not reprinted here as it does not pertain to SLAPP suits.]
SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 8340.1. ENVIRONMENTAL LAW OR REGULATION.
(A) GENERAL RULE.--A PERSON WHO ACTS IN FURTHERANCE OF THE
PERSON'S RIGHT OF PETITION OR FREE SPEECH UNDER THE CONSTITUTION
OF THE UNITED STATES OR THE CONSTITUTION OF PENNSYLVANIA IN
CONNECTION WITH AN ISSUE RELATED TO ENFORCEMENT OR
IMPLEMENTATION OF ENVIRONMENTAL LAW OR REGULATION SHALL BE
IMMUNE FROM CIVIL LIABILITY IN ANY ACTION REGARDLESS OF INTENT
OR PURPOSE EXCEPT WHERE THE COMMUNICATION TO THE GOVERNMENT
AGENCY IS NOT GENUINELY AIMED AT PROCURING A FAVORABLE
GOVERNMENTAL ACTION, RESULT OR OUTCOME. A COMMUNICATION IS NOT
GENUINELY AIMED AT PROCURING A FAVORABLE GOVERNMENTAL ACTION,
RESULT OR OUTCOME IF IT IS NOT MATERIAL OR RELEVANT TO THE
ENFORCEMENT OR IMPLEMENTATION OF ENVIRONMENTAL LAW OR
REGULATION.
(B) MOTION TO STRIKE.
(1) A CAUSE OF ACTION AGAINST A PERSON ARISING FROM ANY
ACT OF THAT PERSON IN FURTHERANCE OF THE PERSON'S RIGHT OF
PETITION OR FREE SPEECH UNDER THE CONSTITUTION OF THE UNITED
STATES OR THE CONSTITUTION OF PENNSYLVANIA IN CONNECTION WITH
A PUBLIC ISSUE SHALL BE SUBJECT TO A SPECIAL MOTION TO STRIKE
UNLESS THE COURT DETERMINES THAT THE PLAINTIFF HAS
ESTABLISHED THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT THE
PLAINTIFF WILL PREVAIL ON THE CLAIM. IN MAKING ITS
DETERMINATION, THE COURT SHALL CONSIDER THE PLEADINGS AND
SUPPORTING AND OPPOSING AFFIDAVITS STATING THE FACTS UPON
WHICH THE LIABILITY OR DEFENSE IS BASED. THE COURT SHALL
ADVANCE ANY MOTION TO STRIKE SO THAT IT MAY BE HEARD AND
DETERMINED WITH AS LITTLE DELAY AS POSSIBLE.
(2) THE COURT SHALL STAY ALL DISCOVERY PROCEEDINGS IN
THE ACTION UPON THE FILING OF A MOTION TO STRIKE, PROVIDED,
HOWEVER, THAT THE COURT, ON MOTION AND AFTER A HEARING AND
FOR GOOD CAUSE SHOWN, MAY ORDER THAT SPECIFIED DISCOVERY BE
CONDUCTED. THE STAY OF DISCOVERY SHALL REMAIN IN EFFECT UNTIL
NOTICE OF THE ENTRY OF THE ORDER RULING ON THE MOTION TO
STRIKE.
(3) IF THE COURT DETERMINES THAT THE PLAINTIFF HAS
ESTABLISHED THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT HE
WILL PREVAIL ON THE CLAIM, NEITHER THAT DETERMINATION NOR THE
FACT OF THAT DETERMINATION SHALL BE ADMISSIBLE IN EVIDENCE AT
ANY LATER STAGE OF THE CASE, AND NO BURDEN OF PROOF OR DEGREE
OF PROOF OTHERWISE APPLICABLE SHALL BE AFFECTED BY THAT
DETERMINATION.
(4) THE SPECIAL MOTION MAY BE FILED WITHIN 60 DAYS OF
THE SERVICE OF THE COMPLAINT OR, IN THE COURT'S DISCRETION,
AT ANY LATER TIME UPON TERMS IT DEEMS PROPER.
(C) ATTORNEY FEES.--IF A PERSON SUCCESSFULLY DEFENDS AGAINST AN ACTION UNDER THIS SECTION, THAT PERSON SHALL BE AWARDED REASONABLE ATTORNEY FEES AND THE COSTS OF LITIGATION. IF THE PERSON PREVAILS IN PART, THE COURT MAY AWARD REASONABLE ATTORNEY FEES AND COSTS OF LITIGATION OR AN APPROPRIATE PORTION THEREOF. A PERSON SUCCESSFULLY DEFENDS AGAINST AN ACTION IF THE PERSON< PREVAILS ON A MOTION TO STRIKE A CAUSE OF ACTION UNDER SUBSECTION (B) OR LATER PREVAILS ON THE MERITS IN THE ACTION.
(D) INTERVENTION OF GOVERNMENT AGENCY.--THE GOVERNMENT< AGENCY INVOLVED IN THE FURTHERANCE OF A PERSON'S RIGHT OF PETITION OR FREE SPEECH UNDER THE CONSTITUTION OF THE UNITED STATES OR THE CONSTITUTION OF PENNSYLVANIA IN CONNECTION WITH A PUBLIC ISSUE SHALL HAVE THE RIGHT TO INTERVENE OR OTHERWISE< PARTICIPATE AS AN AMICUS CURIAE IN THE ACTION INVOLVING PUBLIC PETITION AND PARTICIPATION.
(E) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT ANY CONSTITUTIONAL, STATUTORY OR COMMON-LAW PROTECTIONS OF DEFENDANTS TO ACTIONS INVOLVING PUBLIC PETITION AND PARTICIPATION.
(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
"ACT IN FURTHERANCE OF A PERSON'S RIGHT OF PETITION OR FREE SPEECH UNDER THE CONSTITUTION OF THE UNITED STATES OR THE CONSTITUTION OF PENNSYLVANIA IN CONNECTION WITH A PUBLIC ISSUE." ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE BEFORE A LEGISLATIVE, EXECUTIVE OR JUDICIAL PROCEEDING, OR ANY OTHER OFFICIAL PROCEEDING AUTHORIZED BY LAW; ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN CONNECTION WITH AN ISSUE UNDER CONSIDERATION OR REVIEW BY A LEGISLATIVE, EXECUTIVE OR JUDICIAL BODY, OR ANY OTHER OFFICIAL PROCEEDING AUTHORIZED BY LAW; ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE IN A PLACE OPEN TO THE PUBLIC OR A PUBLIC FORUM IN CONNECTION WITH AN ISSUE OF PUBLIC INTEREST; OR ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE TO A GOVERNMENT AGENCY IN CONNECTION WITH THE IMPLEMENTATION AND ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATIONS.
"ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATIONS." ANY ACTIVITY RELATED TO THE IDENTIFICATION AND ELIMINATION OF VIOLATIONS OF ENVIRONMENTAL LAWS AND REGULATIONS, INCLUDING INVESTIGATIONS OF ALLEGED VIOLATIONS, INSPECTIONS OF ACTIVITIES SUBJECT TO REGULATION UNDER ENVIRONMENTAL LAW AND REGULATIONS AND RESPONSES TAKEN TO PRODUCE CORRECTION OF THE VIOLATIONS.
"GOVERNMENT AGENCY." THE FEDERAL GOVERNMENT, THE COMMONWEALTH AND ALL OF ITS DEPARTMENTS, COMMISSIONS, BOARDS, AGENCIES AND AUTHORITIES, AND ALL POLITICAL SUBDIVISIONS AND THEIR AUTHORITIES.
"IMPLEMENTATION OF ENVIRONMENTAL LAW AND REGULATIONS." ANY ACTIVITY RELATED TO THE DEVELOPMENT AND ADMINISTRATION OF ENVIRONMENTAL PROGRAMS DEVELOPED UNDER ENVIRONMENTAL LAW AND REGULATIONS.
[Editor's note: the remainder of the bill is not reprinted here as it does not pertain to SLAPP suits.]
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