HF 3309

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/12/2024 07:58am

A bill for an act
relating to civil actions; enacting the Uniform Public Expression Protection Act
proposed for adoption by the National Conference of Commissioners on Uniform
State Laws; proposing coding for new law in Minnesota Statutes, chapter 554;
repealing Minnesota Statutes 2022, sections 554.01; 554.02; 554.03; 554.04;
554.045; 554.05; 554.06.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [554.07] SHORT TITLE.
new text end

new text begin Sections 554.07 to 554.19 may be cited as the "Uniform Public Expression Protection
Act."
new text end

Sec. 2.

new text begin [554.08] SCOPE.
new text end

new text begin (a) For the purposes of sections 554.07 to 554.19, the terms in this section have the
meanings given them.
new text end

new text begin (1) "Goods or services" does not include the creation, dissemination, exhibition, or
advertisement or similar promotion of a dramatic, literary, musical, political, journalistic,
or artistic work.
new text end

new text begin (2) "Governmental unit" means a public corporation or government or governmental
subdivision, agency, or instrumentality.
new text end

new text begin (3) "Person" means an individual, estate, trust, partnership, business or nonprofit entity,
governmental unit, or other legal entity.
new text end

new text begin (b) Except as otherwise provided in paragraph (c), sections 554.07 to 554.19 apply to a
cause of action asserted in a civil action against a person based on the person's:
new text end

new text begin (1) communication in a legislative, executive, judicial, administrative, or other
governmental proceeding;
new text end

new text begin (2) communication on an issue under consideration or review in a legislative, executive,
judicial, administrative, or other governmental proceeding; or
new text end

new text begin (3) exercise of the right of freedom of speech or of the press, the right to assemble or
petition, or the right of association, guaranteed by the United States Constitution or the
Minnesota Constitution on a matter of public concern.
new text end

new text begin (c) Sections 554.07 to 554.19 do not apply to a cause of action:
new text end

new text begin (1) against a governmental unit or an employee or agent of a governmental unit acting
or purporting to act in an official capacity;
new text end

new text begin (2) by a governmental unit or an employee or agent of a governmental unit acting in an
official capacity to enforce a law to protect against an imminent threat to public health or
safety;
new text end

new text begin (3) against a person primarily engaged in the business of selling or leasing goods or
services if the cause of action arises out of a communication related to the person's sale or
lease of the goods or services;
new text end

new text begin (4) against a person named in a civil suit brought by a victim of a crime against a
perpetrator;
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new text begin (5) against a person named in a civil suit brought to establish or declare real property
possessory rights, use of real property, recovery of real property, quiet title to real property,
or related claims relating to real property;
new text end

new text begin (6) seeking recovery for bodily injury, wrongful death, or survival or to statements made
regarding that legal action, unless the claims involve damage to reputation;
new text end

new text begin (7) brought under the insurance code or arising out of an insurance contract;
new text end

new text begin (8) based on a common law fraud claim;
new text end

new text begin (9) brought under chapters 517 to 519A; or counterclaims based on a criminal no-contact
order pursuant to section 629.72 or 629.75; for or based on an antiharassment order or a
sexual assault protection order under section 518B.01; or for or based on a vulnerable adult
protection order for crimes against the vulnerable adult under sections 609.232, 609.2325,
609.233, 609.2335, and 609.234;
new text end

new text begin (10) brought under chapters 175, 177, 178, 179, and 179A; negligent supervision,
retention, or infliction of emotional distress unless the claims involve damage to reputation;
wrongful discharge in violation of public policy; whistleblowing; or enforcement of employee
rights under civil service, collective bargaining, or handbooks and policies;
new text end

new text begin (11) brought under consumer protection, chapter 325F or 325G; or
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new text begin (12) for any claim brought under federal law.
new text end

new text begin (d) Sections 554.07 to 554.19 apply to a cause of action asserted under paragraph (c),
clause (3), (8), or (11), when the cause of action is:
new text end

new text begin (1) a legal action against a person arising from any act of that person, whether public or
private, related to the gathering, receiving, posting, or processing of information for
communication to the public, whether or not the information is actually communicated to
the public, for the creation, dissemination, exhibition, or advertisement or other similar
promotion of a dramatic, literary, musical, political, journalistic, or otherwise artistic work,
including audiovisual work regardless of the means of distribution, a motion picture, a
television or radio program, or an article published in a newspaper, website, magazine, or
other platform, no matter the method or extent of distribution; or
new text end

new text begin (2) a legal action against a person related to the communication, gathering, receiving,
posting, or processing of consumer opinions or commentary, evaluations of consumer
complaints, or reviews or ratings of businesses.
new text end

Sec. 3.

new text begin [554.09] SPECIAL MOTION FOR EXPEDITED RELIEF.
new text end

new text begin Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim,
third-party claim, or other pleading that asserts a cause of action to which sections 554.07
to 554.19 apply, or at a later time on a showing of good cause, the party may file a special
motion for expedited relief to dismiss the cause of action or part of the cause of action.
new text end

Sec. 4.

new text begin [554.10] STAY.
new text end

new text begin (a) Except as otherwise provided in paragraphs (d) to (g), on the filing of a motion under
section 554.09:
new text end

new text begin (1) all other proceedings between the moving party and responding party, including
discovery and a pending hearing or motion, are stayed; and
new text end

new text begin (2) on motion by the moving party, the court may stay a hearing or motion involving
another party, or discovery by another party, if the hearing or ruling on the motion would
adjudicate, or the discovery would relate to, an issue material to the motion under section
554.09.
new text end

new text begin (b) A stay under paragraph (a) remains in effect until entry of an order ruling on the
motion under section 554.09 and expiration of the time under section 554.15 for the moving
party to appeal the order.
new text end

new text begin (c) Except as otherwise provided in paragraphs (e), (f), and (g), if a party appeals from
an order ruling on a motion under section 554.09, all proceedings between all parties in the
action are stayed. The stay remains in effect until the conclusion of the appeal.
new text end

new text begin (d) During a stay under paragraph (a), the court may allow limited discovery if a party
shows that specific information is necessary to establish whether a party has satisfied or
failed to satisfy a burden under section 554.13, paragraph (a), and the information is not
reasonably available unless discovery is allowed.
new text end

new text begin (e) A motion under section 554.16 for costs, attorney fees, and expenses is not subject
to a stay under this section.
new text end

new text begin (f) A stay under this section does not affect a party's ability voluntarily to dismiss a cause
of action or part of a cause of action or move to sever a cause of action.
new text end

new text begin (g) During a stay under this section, the court for good cause may hear and rule on:
new text end

new text begin (1) a motion unrelated to the motion under section 554.09; and
new text end

new text begin (2) a motion seeking a special or preliminary injunction to protect against an imminent
threat to public health or safety.
new text end

Sec. 5.

new text begin [554.11] HEARING.
new text end

new text begin (a) The court shall hear a motion under section 554.09 not later than 60 days after filing
of the motion, unless the court orders a later hearing:
new text end

new text begin (1) to allow discovery under section 554.10, paragraph (d); or
new text end

new text begin (2) for other good cause.
new text end

new text begin (b) If the court orders a later hearing under paragraph (a), clause (1), the court shall hear
the motion under section 554.09 not later than 60 days after the court order allowing the
discovery, unless the court orders a later hearing under paragraph (a), clause (2).
new text end

Sec. 6.

new text begin [554.12] PROOF.
new text end

new text begin In ruling on a motion under section 554.09, the court shall consider the pleadings, the
motion, any reply or response to the motion, and any evidence that could be considered in
ruling on a motion for summary judgment under Minnesota Rules of Civil Procedure 56.03.
new text end

Sec. 7.

new text begin [554.13] DISMISSAL OF CAUSE OF ACTION IN WHOLE OR PART.
new text end

new text begin (a) In ruling on a motion under section 554.09, the court shall dismiss with prejudice a
cause of action, or part of a cause of action, if:
new text end

new text begin (1) the moving party establishes under section 554.08, paragraph (b), that sections 554.07
to 554.19 apply;
new text end

new text begin (2) the responding party fails to establish under section 554.08, paragraph (c), that
sections 554.07 to 554.19 do not apply; and
new text end

new text begin (3) either:
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new text begin (i) the responding party fails to establish a prima facie case as to each essential element
of the cause of action; or
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new text begin (ii) the moving party establishes that:
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new text begin (A) the responding party failed to state a cause of action upon which relief can be granted;
or
new text end

new text begin (B) there is no genuine issue as to any material fact and the moving party is entitled to
judgment as a matter of law on the cause of action or part of the cause of action.
new text end

new text begin (b) A voluntary dismissal without prejudice of a responding party's cause of action, or
part of a cause of action, that is the subject of a motion under section 554.09 does not affect
a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and
expenses under section 554.16.
new text end

new text begin (c) A voluntary dismissal with prejudice of a responding party's cause of action, or part
of a cause of action, that is the subject of a motion under section 554.09 establishes for the
purpose of section 554.16 that the moving party prevailed on the motion.
new text end

Sec. 8.

new text begin [554.14] RULING.
new text end

new text begin The court shall rule on a motion under section 554.09 not later than 60 days after a
hearing under section 554.11.
new text end

Sec. 9.

new text begin [554.15] APPEAL.
new text end

new text begin A moving party may appeal as a matter of right from an order denying, in whole or in
part, a motion under section 554.09. The appeal must be filed not later than 30 days after
entry of the order.
new text end

Sec. 10.

new text begin [554.16] COSTS, ATTORNEY FEES, AND EXPENSES.
new text end

new text begin On a motion under section 554.09, the court shall award court costs, reasonable attorney
fees, and reasonable litigation expenses related to the motion:
new text end

new text begin (1) to the moving party if the moving party prevails on the motion; or
new text end

new text begin (2) to the responding party if the responding party prevails on the motion and the court
finds that the motion was frivolous or filed solely with intent to delay the proceeding.
new text end

Sec. 11.

new text begin [554.17] CONSTRUCTION.
new text end

new text begin Sections 554.07 to 554.19 must be broadly construed and applied to protect the exercise
of the right of freedom of speech and of the press, the right to assemble and petition, and
the right of association, guaranteed by the United States Constitution or Minnesota
Constitution.
new text end

Sec. 12.

new text begin [554.18] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end

new text begin In applying and construing this uniform act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
new text end

Sec. 13.

new text begin [554.19] SAVINGS CLAUSE.
new text end

new text begin Sections 554.07 to 554.19 do not affect a cause of action asserted before the effective
date of sections 554.07 to 554.19 in a civil action or a motion under Minnesota Statutes
2022, sections 554.01 to 554.06, regarding the cause of action.
new text end

Sec. 14.

new text begin [554.20] NO WAIVER OF OTHER PLEADINGS OR DEFENSES.
new text end

new text begin A special motion for expedited relief under sections 554.07 to 554.19 is not meant to
waive a defense or preclude the filing of another pleading or motion regarding the cause of
action.
new text end

Sec. 15. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall prepare legislation for the 2025 legislative session making
any additional conforming changes arising out of this act.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 554.01; 554.02; 554.03; 554.04; 554.045; 554.05;
and 554.06, new text end new text begin are repealed.
new text end

Sec. 17. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment and applies to a civil action
pending on or commenced on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: H3309-2

554.01 DEFINITIONS.

Subdivision 1.

Scope.

The definitions in this section apply to this chapter.

Subd. 2.

Government.

"Government" includes a branch, department, agency, official, employee, agent, or other person with authority to act on behalf of the federal government, this state, or any political subdivision of this state, including municipalities and their boards, commissions, and departments, or other public authority.

Subd. 3.

Judicial claim; claim.

"Judicial claim" or "claim" includes any civil lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing seeking damages for an alleged injury. "Judicial claim" does not include a claim solely for injunctive relief.

Subd. 4.

Motion.

"Motion" includes any motion to dismiss, motion for summary judgment, or any other judicial pleading filed to dispose of a judicial claim.

Subd. 5.

Moving party.

"Moving party" means any person on whose behalf the motion described in section 554.02, subdivision 1, is filed seeking dismissal of an action under this chapter.

Subd. 6.

Public participation.

"Public participation" means speech or lawful conduct that is genuinely aimed in whole or in part at procuring favorable government action, including but not limited to:

(1) seeking assistance from, or reporting suspected unlawful conduct to, law enforcement;

(2) speaking before a zoning board regarding a real estate development project;

(3) communicating with an elected official concerning a change in law;

(4) demonstrating peacefully for or against a government action; and

(5) filing a complaint with a government entity regarding safety, sexual harassment, civil rights, or equal employment rights.

Subd. 7.

Responding party.

"Responding party" means any person against whom a motion described in section 554.02, subdivision 1, is filed.

554.02 PROTECTION OF CITIZENS TO PARTICIPATE IN GOVERNMENT.

Subdivision 1.

Applicability.

This section applies to any motion in a judicial proceeding to dispose of a judicial claim on the grounds that the claim materially relates to an act of the moving party that involves public participation.

Subd. 2.

Procedure.

On the filing of any motion described in subdivision 1:

(1) discovery must be suspended pending the final disposition of the motion, including any appeal; provided that the court may, on motion and after a hearing and for good cause shown, order that specified and limited discovery be conducted;

(2) the responding party has the burden of proof, of going forward with the evidence, and of persuasion on the motion;

(3) the court shall grant the motion and dismiss the judicial claim unless the court finds that the responding party has produced clear and convincing evidence that the acts of the moving party are not immunized from liability under section 554.03; and

(4) any governmental body to which the moving party's acts were directed or the attorney general's office may intervene in, defend, or otherwise support the moving party.

554.03 IMMUNITY.

Lawful conduct or speech that is genuinely aimed in whole or in part at procuring favorable government action is immune from liability, unless the conduct or speech constitutes a tort or a violation of a person's constitutional rights.

554.04 FEES AND DAMAGES.

Subdivision 1.

Attorney fees and costs.

The court shall award a moving party who prevails in a motion under this chapter reasonable attorney fees and costs associated with the bringing of the motion.

Subd. 2.

Damages.

(a) A moving party may petition the court for damages under this section in conjunction with a motion under this chapter.

(b) If a motion under this chapter is granted and the moving party demonstrates that the respondent brought the cause of action in the underlying lawsuit for the purpose of harassment, to inhibit the moving party's public participation, to interfere with the moving party's exercise of protected constitutional rights, or otherwise wrongfully injure the moving party, the court shall award the moving party actual damages. The court may award the moving party punitive damages under section 549.20. A motion to amend the pleadings under section 549.191 is not required under this section, but the claim for punitive damages must meet all other requirements of section 549.191.

554.045 ACTION IN DISTRICT COURT.

A person may bring an action under this section in state district court against a respondent who has brought a claim in federal court that materially relates to public participation by the person. If the person demonstrates that the respondent's action in federal court was brought for the purpose of harassment, to inhibit the person's public participation, to interfere with the person's exercise of protected constitutional rights, or otherwise wrongfully injure the person, the court shall award the person actual damages and reasonable attorney fees and costs. The court may award the person punitive damages under section 549.20.

554.05 RELATIONSHIPS TO OTHER LAW.

Nothing in this chapter limits or precludes any rights the moving party or responding party may have under any other constitutional, statutory, case, or common law, or rule. Nothing in this chapter exempts individuals from their professional obligations of confidentiality.

554.06 RULE OF CONSTRUCTION.

This chapter shall be construed liberally to effectuate its purposes and intent.