PRIOR PRINTER'S NO. 389 PRINTER'S NO. 2983
No. 376 Session of 1999
INTRODUCED BY REINARD AND McILHINNEY, FEBRUARY 8, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 14, 2000
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for judgment by
3 confession filed against incorrectly identified debtors; AND <--
4 PROVIDING IMMUNITY FOR ENVIRONMENTAL ACTIVISM.
5 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
6 (1) THERE HAS BEEN A DISTURBING INCREASE IN LAWSUITS,
7 KNOWN AS STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION
8 (SLAPP), BROUGHT PRIMARILY TO CHILL THE VALID EXERCISE BY
9 CITIZENS OF THEIR CONSTITUTIONAL RIGHT TO FREEDOM OF SPEECH
10 AND TO PETITION THE GOVERNMENT FOR THE REDRESS OF GRIEVANCES.
11 (2) IT IS IN THE PUBLIC INTEREST TO EMPOWER CITIZENS TO
12 BRING A SWIFT END TO RETALIATORY LAWSUITS SEEKING TO
13 UNDERMINE THEIR PARTICIPATION IN THE ESTABLISHMENT OF STATE
14 AND LOCAL ENVIRONMENTAL POLICY AND IN THE IMPLEMENTATION AND
15 ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATIONS.
16 (3) THIS ACT WILL ENSURE THAT A FRIVOLOUS LAWSUIT OR A
17 SLAPP CAN BE RESOLVED IN A PROMPT MANNER BY PERMITTING
18 CITIZENS TO RAISE CIVIL IMMUNITY TO SUCH SUITS WHEN FILING A
1 PRELIMINARY OBJECTION FOR LEGAL INSUFFICIENCY OF A PLEADING
2 OR DEMURRER OR UPON ANOTHER APPROPRIATE MOTION AND TO OBTAIN
3 A STAY ON DISCOVERY AS PROVIDED FOR IN THIS ACT.
4 (4) A COURT SHOULD GRANT OR DENY RELIEF ON THE
5 PRELIMINARY OBJECTION OR OTHER APPROPRIATE MOTION WITHOUT
6 RESERVING THE MATTER FOR FURTHER DISCOVERY.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 42 of the Pennsylvania Consolidated
10 Statutes is amended by adding a section SECTIONS to read: <--
11 § 2737.1. Incorrect debtor identified.
12 At the time a creditor files for a judgment by confession
13 under section 2737(3) (relating to powers and duties of the
14 office of the prothonotary), the creditor filing the judgment
15 shall provide the debtor with written instructions regarding the
16 procedure to follow to strike the judgment. A debtor who has
17 been incorrectly identified and had a confession or judgment
18 entered against him shall be entitled to costs and reasonable
19 attorney fees as determined by the court. The instructions
20 provided to the debtor shall explain to the debtor that under
21 this section he is entitled to costs and reasonable attorney
22 fees as determined by the court if he was incorrectly
23 identified.
24 § 8340.1. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION. <--
25 (A) IMMUNITY.--
26 (1) A PERSON WHO ACTS IN FURTHERANCE OF THE PERSON'S
27 RIGHT OF PETITION OR FREE SPEECH UNDER THE CONSTITUTION OF
28 THE UNITED STATES OR THE CONSTITUTION OF PENNSYLVANIA IN
29 CONNECTION WITH AN ISSUE RELATED TO ENFORCEMENT OR
30 IMPLEMENTATION OF ENVIRONMENTAL LAW OR REGULATION SHALL BE
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1 IMMUNE FROM CIVIL LIABILITY IN ANY ACTION EXCEPT WHERE THE
2 COMMUNICATION TO THE GOVERNMENT AGENCY IS NOT GENUINELY AIMED
3 AT PROCURING A FAVORABLE GOVERNMENTAL ACTION, RESULT OR
4 OUTCOME.
5 (2) A COMMUNICATION IS NOT GENUINELY AIMED AT PROCURING
6 A FAVORABLE GOVERNMENTAL ACTION, RESULT OR OUTCOME IF IT:
7 (I) IS NOT MATERIAL OR RELEVANT TO THE ENFORCEMENT
8 OR IMPLEMENTATION OF ENVIRONMENTAL LAW OR REGULATION;
9 (II) WAS KNOWINGLY FALSE WHEN MADE;
10 (III) WAS RENDERED WITH RECKLESS DISREGARD AS TO THE
11 TRUTH OR FALSITY OF THE STATEMENT WHEN MADE; OR
12 (IV) REPRESENTED A WRONGFUL USE OF PROCESS OR ABUSE
13 OF PROCESS.
14 (B) STAY OF DISCOVERY.--THE COURT SHALL STAY ALL DISCOVERY
15 PROCEEDINGS IN THE ACTION UPON THE FILING OF PRELIMINARY
16 OBJECTIONS FOR LEGAL INSUFFICIENCY OF A PLEADING OR OTHER
17 APPROPRIATE MOTION ON THE BASIS OF IMMUNITY, PROVIDED, HOWEVER,
18 THAT THE COURT, ON MOTION AND AFTER A HEARING AND FOR GOOD CAUSE
19 SHOWN, MAY ORDER THAT SPECIFIED DISCOVERY BE CONDUCTED. THE STAY
20 OF DISCOVERY SHALL REMAIN IN EFFECT UNTIL NOTICE OF THE ENTRY OF
21 THE ORDER RULING ON THE PRELIMINARY OBJECTIONS OR ON ANOTHER
22 APPROPRIATE MOTION.
23 (C) ADMISSIBILITY OF COURT DETERMINATION.--IF THE COURT
24 DETERMINES THAT THE PLAINTIFF HAS ESTABLISHED THAT THERE IS A
25 SUBSTANTIAL LIKELIHOOD THAT THE PLAINTIFF WILL PREVAIL ON THE
26 CLAIM, NEITHER THAT DETERMINATION NOR THE FACT OF THAT
27 DETERMINATION SHALL BE ADMISSIBLE IN EVIDENCE AT ANY LATER STAGE
28 OF THE CASE, AND NO BURDEN OF PROOF OR DEGREE OF PROOF OTHERWISE
29 APPLICABLE SHALL BE AFFECTED BY THAT DETERMINATION.
30 (D) INTERVENTION.--THE GOVERNMENT AGENCY INVOLVED IN THE
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1 FURTHERANCE OF A PERSON'S RIGHT OF PETITION OR FREE SPEECH UNDER
2 THE CONSTITUTION OF THE UNITED STATES OR THE CONSTITUTION OF
3 PENNSYLVANIA IN CONNECTION WITH A PUBLIC ISSUE MAY INTERVENE OR
4 OTHERWISE PARTICIPATE AS AN AMICUS CURIAE IN THE ACTION
5 INVOLVING PUBLIC PETITION AND PARTICIPATION.
6 (E) LEGAL PROTECTIONS OF DEFENDANTS.--NOTHING IN THIS
7 SECTION SHALL BE CONSTRUED TO LIMIT ANY CONSTITUTIONAL,
8 STATUTORY OR COMMON-LAW PROTECTIONS OF DEFENDANTS TO ACTIONS
9 INVOLVING PUBLIC PETITION AND PARTICIPATION.
10 (F) ABUSE OF LEGAL PROCESS.--IN ADDITION TO OTHER COSTS OR
11 REMEDIES ALLOWED BY GENERAL RULE OR STATUTE, IN ANY
12 ADMINISTRATIVE OR JUDICIAL PROCEEDING RELATED TO THE ENFORCEMENT
13 OR IMPLEMENTATION OF ENVIRONMENTAL LAW OR REGULATION, THE AGENCY
14 OR COURT MAY AWARD COSTS, INCLUDING REASONABLE ATTORNEY FEES, IF
15 THE AGENCY OR COURT DETERMINES THAT AN ACTION, APPEAL, CLAIM,
16 MOTION OR PLEADING IS FRIVOLOUS OR TAKEN SOLELY FOR DELAY OR
17 THAT THE CONDUCT OF A PARTY OR COUNSEL IS DILATORY OR VEXATIOUS.
18 (G) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
19 IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
20 SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
21 "ACT IN FURTHERANCE OF A PERSON'S RIGHT OF PETITION OR FREE
22 SPEECH UNDER THE UNITED STATES CONSTITUTION OR THE CONSTITUTION
23 OF PENNSYLVANIA IN CONNECTION WITH A PUBLIC ISSUE." ANY WRITTEN
24 OR ORAL STATEMENT OR WRITING MADE BEFORE A LEGISLATIVE,
25 EXECUTIVE OR JUDICIAL PROCEEDING, OR ANY OTHER OFFICIAL
26 PROCEEDING AUTHORIZED BY LAW; ANY WRITTEN OR ORAL STATEMENT OR
27 WRITING MADE IN CONNECTION WITH AN ISSUE UNDER CONSIDERATION OR
28 REVIEW BY A LEGISLATIVE, EXECUTIVE OR JUDICIAL BODY, OR ANY
29 OTHER OFFICIAL PROCEEDING AUTHORIZED BY LAW; ANY WRITTEN OR ORAL
30 STATEMENT OR WRITING MADE IN A PLACE OPEN TO THE PUBLIC OR A
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1 PUBLIC FORUM IN CONNECTION WITH AN ISSUE OF PUBLIC INTEREST; OR
2 ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE TO A GOVERNMENT
3 AGENCY IN CONNECTION WITH THE IMPLEMENTATION AND ENFORCEMENT OF
4 ENVIRONMENTAL LAW AND REGULATIONS.
5 "ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATIONS." ANY
6 ACTIVITY RELATED TO THE IDENTIFICATION AND ELIMINATION OF
7 VIOLATIONS OF ENVIRONMENTAL LAWS AND REGULATIONS, INCLUDING
8 INVESTIGATIONS OF ALLEGED VIOLATIONS, INSPECTIONS OF ACTIVITIES
9 SUBJECT TO REGULATION UNDER ENVIRONMENTAL LAW AND REGULATIONS
10 AND RESPONSES TAKEN TO PRODUCE CORRECTION OF THE VIOLATIONS.
11 "GOVERNMENT AGENCY." THE FEDERAL GOVERNMENT, THE
12 COMMONWEALTH AND ALL OF ITS DEPARTMENTS, COMMISSIONS, BOARDS,
13 AGENCIES AND AUTHORITIES, AND ALL POLITICAL SUBDIVISIONS AND
14 THEIR AUTHORITIES.
15 "IMPLEMENTATION OF ENVIRONMENTAL LAW AND REGULATIONS." ANY
16 ACTIVITY RELATED TO THE DEVELOPMENT AND ADMINISTRATION OF
17 ENVIRONMENTAL PROGRAMS DEVELOPED UNDER ENVIRONMENTAL LAW AND
18 REGULATIONS.
19 Section 2. This act shall take effect in 60 days.
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