HCS SB 807 -- CIVIL ACTIONS

SPONSOR:  Loudon (Lembke, 85)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 17 to 0.

This substitute grants early consideration of a motion to
dismiss, motion for judgment on the pleadings, or motion for
summary judgment in any action seeking money damages against a
person for conduct or speech made in connection with a public
hearing or meeting.  All pending discovery will be suspended
pending a final decision on the motion.  If the right to an early
consideration of a motion is used as an affirmative defense and
the court grants a motion to dismiss on those grounds, reasonable
attorney fees and costs incurred by the moving party will be
awarded.  If the court finds the motion to dismiss or motion for
summary judgment is frivolous, the court will award costs and
attorney fees to the prevailing party.

FISCAL NOTE:  No impact on state funds in FY 2005, FY 2006, and
FY 2007.

PROPONENTS:  Supporters say that the bill addresses strategic
lawsuits against public participation or "SLAPP" suits and
authorizes a special motion to dismiss these lawsuits.

Testifying for the bill was Senator Loudon.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am