|Posted:||January 25, 2013 03:15 PM|
|From:||Representative William C. Kortz, II|
|To:||All House members|
|Subject:||Co-Sponsorship Request –KORTZ- Legislation Prohibiting Strategic Lawsuits Against Public Participation (SLAPP) (Former HB 1782 of 2009-2010)|
|In the near future, I plan to reintroduce legislation that would amend Title 27 (Environmental Resources) and Tile 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes to protect citizens from “Strategic Lawsuits Against Public Participation” (SLAPP) by expanding civil immunity provisions.
SLAPP lawsuits are aimed at intimidating an individual or an assembled group of citizens who are exercising their constitutional rights by supporting or opposing a law or regulation. Often the threat of costly litigation can deter individuals from engaging in such practices. In an effort to address this issue, my legislation would repeal sections of Title 27, which currently contain civil immunity provisions for individuals as it relates to environmental law and regulation, and create a new section in Title 42, which would provide broad anti-SLAPP protection. Specifically, my bill would permit the court to promptly dismiss this type of lawsuit after a preliminary objection on the basis of merit is raised. Should the lawsuit fall within the provisions of the anti-SLAPP law, the bill would permit the courts to award the defendants any costs incurred through court and litigation fees.
I invite you to join me in co-sponsoring this important legislation.
Previous co-sponsors of former HB1782 of 2009-2010: KORTZ , GEORGE , BELFANTI , BRIGGS, COHEN , CREIGHTON , DENLINGER , FREEMAN , HARHAI , HARPER , HORNAMAN , HOUGHTON, JOSEPHS , KOTIK , MANDERINO , MOUL , MUNDY , MUSTIO , SANTONI , SIPTROTH , SWANGER and VULAKOVICH
Introduced as HB1268