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MN HF4535

Bill

Status

Introduced

5/18/2018

Primary Sponsor

John Lesch

Click for details

Origin

House of Representatives

90th Legislature 2017-2018

AI Summary

  • Creates a new cause of action allowing defendants to file a motion to dismiss claims arising from acts involving the right of petition or free speech under U.S. or Minnesota Constitution in connection with public issues, unless the court finds a probability the plaintiff will prevail.

  • Establishes a 60-day filing deadline for such motions (or later at court discretion) with a hearing required within 30 days of service unless docket conditions require delay.

  • Automatically stays all discovery proceedings upon filing a motion to dismiss under this section, though courts may order specified discovery for good cause shown.

  • Excludes enforcement actions brought by the attorney general, district attorney, or city attorney acting as public prosecutors from the new protections.

  • Repeals Minnesota Statutes sections 554.02 (Protection of Citizens to Participate in Government) and 554.045 (Action in District Court for harassment claims related to public participation).

Legislative Description

Cause of action created to protect free speech in connection with public issues, and existing protection for citizens to participate in government repealed.

Last Action

Introduction and first reading, referred to Civil Law and Data Practices Policy

5/18/2018

Committee Referrals

Civil Law and Data Practices Policy5/18/2018

Full Bill Text

No bill text available