093_SB0168sam001











                                     LRB093 05290 WGH 12563 a

 1                    AMENDMENT TO SENATE BILL 168

 2        AMENDMENT NO.     .  Amend Senate Bill 168  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.   Short title.  This Act may be cited as the
 5    Citizen Participation Act.

 6        Section 5.  Public policy.  Pursuant to  the  fundamental
 7    philosophy of the American constitutional form of government,
 8    it  is  declared  to  be  the  public  policy of the State of
 9    Illinois that  the  constitutional  rights  of  citizens  and
10    organizations  to  be  involved and participate freely in the
11    process of government must be encouraged and safeguarded with
12    great diligence.  The information, reports, opinions, claims,
13    arguments, and other expressions  provided  by  citizens  are
14    vital   to   effective  law  enforcement,  the  operation  of
15    government, the making of public policy  and  decisions,  and
16    the  continuation  of  representative  democracy.   The laws,
17    courts, and other agencies of this  State  must  provide  the
18    utmost  protection  for  the free exercise of these rights of
19    petition, speech, association, and government participation.
20        Civil actions for money damages have been  filed  against
21    citizens and organizations of this State as a result of their
22    valid  exercise  of  their constitutional rights to petition,
 
                            -2-      LRB093 05290 WGH 12563 a
 1    speak freely, associate freely, and otherwise participate  in
 2    and communicate with government.  There has been a disturbing
 3    increase  in  lawsuits  termed  "Strategic  Lawsuits  Against
 4    Public  Participation"  in government or "SLAPPs" as they are
 5    popularly called.
 6        The threat of SLAPPs, personal liability, and  burdensome
 7    litigation  costs significantly chills and diminishes citizen
 8    participation in government, voluntary  public  service,  and
 9    the  exercise of these important constitutional rights.  This
10    abuse of the judicial process can and  has  been  used  as  a
11    means  of  intimidating, harassing, or punishing citizens and
12    organizations for involving themselves in public affairs.
13        It is in the public interest and it  is  the  purpose  of
14    this Act to strike a balance between the rights of persons to
15    file  lawsuits  for  injury  and the constitutional rights of
16    persons to petition,  speak  freely,  associate  freely,  and
17    otherwise participate in government; to protect and encourage
18    public  participation  in  government  to  the maximum extent
19    permitted by law;  to  establish  an  efficient  process  for
20    identification and adjudication of SLAPPs; and to provide for
21    attorney's fees and costs to prevailing movants.

22        Section 10.  Definitions. In this Act:
23        "Government"   includes  a  branch,  department,  agency,
24    instrumentality, official, employee, agent, or  other  person
25    acting  under  color  of law of the United States, a state, a
26    subdivision of a state, or another public authority including
27    the electorate.
28        "Person"   includes    any    individual,    corporation,
29    association,  organization,  partnership,  2  or more persons
30    having a joint or common interest, or other legal entity.
31        "Judicial claim" or "claim" include any lawsuit, cause of
32    action, claim, cross-claim, counterclaim, or  other  judicial
33    pleading or filing alleging injury.
 
                            -3-      LRB093 05290 WGH 12563 a
 1        "Motion"  includes  any  motion  to  dismiss, for summary
 2    judgment, or to strike, or any other judicial pleading  filed
 3    to dispose of a judicial claim.
 4        "Moving  party" means any person on whose behalf a motion
 5    described in subsection (a) of Section 20  is  filed  seeking
 6    dismissal of a judicial claim.
 7        "Responding party" means any person against whom a motion
 8    described in subsection (a) of Section 20 is filed.

 9        Section  15.  Applicability.  This  Act  applies  to  any
10    motion  to dispose of a claim in a judicial proceeding on the
11    grounds that the claim is based on,  relates  to,  or  is  in
12    response   to  any  act  or  acts  of  the  moving  party  in
13    furtherance of the moving party's rights of petition, speech,
14    association, or to otherwise participate in government.
15        Acts in  furtherance  of  the  constitutional  rights  to
16    petition,   speech,   association,   and   participation   in
17    government are immune from liability, regardless of intent or
18    purpose,   except  when  not  genuinely  aimed  at  procuring
19    favorable government action, result, or outcome.

20        Section 20.  Motion procedure and standards.
21        (a)  On the filing of any motion as described in  Section
22    15, a hearing and decision on the motion must occur within 90
23    days  after  notice of the motion is given to the respondent.
24    An appellate court shall expedite any appeal or  other  writ,
25    whether  interlocutory  or  not,  from  a  trial  court order
26    denying that motion or from a trial court's failure  to  rule
27    on that motion within 90 days after that trial court order or
28    failure to rule.
29        (b)  Discovery  shall  be suspended pending a decision on
30    the motion. However, discovery may be taken,  upon  leave  of
31    court  for  good  cause  shown,  on  the issue of whether the
32    movants  acts  are  not  immunized  from,  or  are   not   in
 
                            -4-      LRB093 05290 WGH 12563 a
 1    furtherance of acts immunized  from, liability by this Act.
 2        (c)  The  court  shall  grant  the motion and dismiss the
 3    judicial claim unless the court  finds  that  the  responding
 4    party  has  produced  clear  and convincing evidence that the
 5    acts of the moving party are not immunized from, or  are  not
 6    in furtherance of acts immunized from, liability by this Act.

 7        Section  25.  Attorney's  fees and costs. The court shall
 8    award a moving party who prevails in a motion under this  Act
 9    reasonable  attorney's  fees and costs incurred in connection
10    with the motion.

11        Section 30.  Construction of Act.
12        (a)  Nothing in this Act  shall  limit  or  preclude  any
13    rights   the   moving   party   may   have  under  any  other
14    constitutional,  statutory,  case  or  common  law,  or  rule
15    provisions.
16        (b)  This Act shall be construed liberally to  effectuate
17    its purposes and intent fully.

18        Section 35.  Severability.  The provision of this Act are
19    severable under Section 1.31 of the Statute on Statutes.

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.".