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NC H746
Bill
Status
4/6/2011
Primary Sponsor
Martha Alexander
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AI Summary
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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.
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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.
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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.
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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.
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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