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NC H746

Bill

Status

Introduced

4/6/2011

Primary Sponsor

Martha Alexander

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Origin

House of Representatives

2011-2012 Session

AI Summary

  • Creates Chapter 1F of the North Carolina General Statutes establishing the Citizen Participation Act to protect citizens' constitutional rights to participate in government proceedings and protect against frivolous lawsuits.

  • Provides immunity from civil liability for written or oral statements made before government proceedings, to government officials regarding issues under consideration, or to the public relating to government issues with the aim of procuring government action or influencing decisions.

  • Establishes a special motion to dismiss procedure for judicial claims based on immune acts, requiring the responding party to prove by clear and convincing evidence that the claim cannot be construed as based on protected participation.

  • Requires courts to award moving parties all litigation costs including reasonable attorney and expert witness fees upon dismissal, plus additional sanctions if the claim was filed to harass or inhibit public participation.

  • Grants moving parties an immediate right of appeal from orders denying the motion and requires courts to stay all litigation pending resolution of the appeal.

Legislative Description

Citizen Participation Act

Last Action

Assigned To Judiciary Subcommittee A

5/31/2011

Committee Referrals

Judiciary4/7/2011

Full Bill Text

No bill text available