Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 566-S.F.No. 584 
                  An act relating to free speech; protecting citizens 
                  and organizations from civil lawsuits for exercising 
                  their rights of public participation in government; 
                  proposing coding for new law as Minnesota Statutes, 
                  chapter 554. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [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 2, 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. 
           Subd. 7.  [RESPONDING PARTY.] "Responding party" means any 
        person against whom a motion described in section 2, subdivision 
        1, is filed. 
           Sec. 2.  [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 3; 
        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. 
           Sec. 3.  [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. 
           Sec. 4.  [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 
        529.191 is not required under this section, but the claim for 
        punitive damages must meet all other requirements of section 
        549.191. 
           Sec. 5.  [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. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 5 are effective the day after final enactment 
        and apply to judicial claims commenced on or after that date. 
           Presented to the governor May 3, 1994 
           Signed by the governor May 5, 1994, 3:20 p.m.