PRINTER'S NO. 1538
PRIOR PRINTER'S NOS. 406, 988
THE GENERAL ASSEMBLY OF PENNSYLVANIA
Session of 1999
INTRODUCED BY FEESE, GEORGE, MAITLAND, SNYDER, BARRAR, TIGUE,
PLATTS, GEIST, NICKOL, FARGO, CORRIGAN, KREBS, SAYLOR,
CHADWICK, DEMPSEY, TRELLO, LAUGHLIN, LYNCH, LEH, STAIRS,
HERMAN, WALKO, CURRY, HENNESSEY, MASLAND, MAHER, CLARK,
STERN, STEIL, BAKER, SCHRODER, McCALL, GANNON, S. H. SMITH,
YOUNGBLOOD, SEYFERT, STEELMAN, E. Z. TAYLOR, WILT, ORIE,
MICHLOVIC AND THOMAS
FEBRUARY 8, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 19, 1999
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for participation in environmental law or regulation.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) THERE HAS BEEN A DISTURBING INCREASE IN LAWSUITS,
KNOWN AS STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION
(SLAPP), BROUGHT PRIMARILY TO CHILL THE VALID EXERCISE BY
CITIZENS OF THEIR CONSTITUTIONAL RIGHT TO FREEDOM OF SPEECH
AND TO PETITION THE GOVERNMENT FOR THE REDRESS OF GRIEVANCES.
(2) IT IS IN THE PUBLIC INTEREST TO EMPOWER CITIZENS TO
BRING A SWIFT END TO RETALIATORY LAWSUITS SEEKING TO
UNDERMINE THEIR PARTICIPATION IN THE ESTABLISHMENT OF STATE
AND LOCAL ENVIRONMENTAL POLICY AND IN THE IMPLEMENTATION AND
ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATIONS.
(3) THIS ACT WILL ENSURE THAT A FRIVOLOUS LAWSUIT OR A
SLAPP CAN BE RESOLVED IN A PROMPT MANNER BY PERMITTING
CITIZENS TO RAISE CIVIL IMMUNITY TO SUCH SUITS WHEN FILING A
PRELIMINARY OBJECTION FOR LEGAL INSUFFICIENCY OF A PLEADING
OR DEMURRER OR UPON ANOTHER APPROPRIATE MOTION AND TO OBTAIN
A STAY ON DISCOVERY AS PROVIDED FOR IN THIS ACT.
(4) A COURT SHOULD GRANT OR DENY RELIEF ON THE
PRELIMINARY OBJECTION OR OTHER APPROPRIATE MOTION WITHOUT
RESERVING THE MATTER FOR FURTHER DISCOVERY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:
§ 8340.1. Participation in environmental law or regulation.
(a) Immunity.--
(1) 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 except where the communication to the government agency is not genuinely aimed at procuring a favorable governmental action, result or outcome.
(2) A communication is not genuinely aimed at procuring a favorable governmental action, result or outcome if it:
(i) is not material or relevant to the enforcement
or implementation of environmental law or regulation;
(ii) was knowingly false when made;
(iii) was rendered with reckless disregard as to the
truth or falsity of the statement when made; or
(iv) represented a wrongful use of process or abuse
of process.
(b) Stay of discovery.--The court shall stay all discovery proceedings in the action upon the filing of preliminary objections for legal insufficiency of a pleading or other appropriate motion on the basis of immunity, 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 preliminary objections or on another appropriate motion.
(c) Admissibility of court determination.--If the court determines that the plaintiff has established that there is a substantial likelihood that the plaintiff 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.
(d) Intervention.--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 may intervene or otherwise participate as an amicus curiae in the action involving public petition and participation.
(e) Legal protections of defendants.--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) Abuse of legal process.--In addition to other costs or remedies allowed by general rule or statute, in any administrative or judicial proceeding related to the enforcement or implementation of environmental law or regulation, the agency or court may award costs, including reasonable attorney fees, if the agency or court determines that an action, appeal, claim, motion or pleading is frivolous or taken solely for delay or that the conduct of a party or counsel is dilatory or vexatious.
(g) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Act in furtherance of a person's right of petition or free speech under the United States Constitution 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.
Section 2. This act shall take effect in 60 days.
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