- Assembly Bill No. 485-Assemblymen Ohrenschall, Anderson, Buckley, Manendo, Perkins, Segerblom, Herrera, Collins, Berman, Koivisto, Carpenter, Sandoval, Amodei, Bache, Arberry, Chowning, Evans, Williams, Hickey, Price, de Braga, Giunchigliani, Close, Marvel, Neighbors, Humke, Goldwater, Parks, Krenzer, Mortenson and Lee
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- AN ACT relating to actions concerning persons; revising the provisions governing immunity for a person engaging in a good faith communication in furtherance of the right to petition; and providing other matters properly relating thereto.
[Approved July 11, 1997]constitution of the State of Nevada, recognizing that participation by citizens in government is an inalienable right which is essential to the survival of democracy, secured its protection by giving the people the right to petition the government for redress of grievances in the First Amendment to the United States Constitution and in section 10 of article 1 of the constitution of the State of Nevada; and
Whereas, The communications, information, opinions, reports, testimony, claims and argument provided by citizens to their government are essential to wise governmental decisions and public policy, the public health, safety and welfare, effective law enforcement, the efficient operation of governmental programs, the credibility and trust afforded government and the continuation of our representative form of government; and
Whereas, Civil actions are being filed against many citizens, businesses and organizations based on their valid exercise of their right to petition; and
Whereas, Such lawsuits, called "Strategic Lawsuits Against Public Participation," or "SLAPPs," are typically dismissed, but often not before the defendant is put to great expense, harassment and interruption of their productive activities; and
Whereas, The number of SLAPPs has increased significantly over the past 30 years; and
Whereas, SLAPPs are an abuse of the judicial process in that they are used to censor, chill, intimidate or punish persons for involving themselves in public affairs; and
Whereas, The threat of financial liability, litigation costs and other personal losses from groundless civil actions seriously affects governmental, commercial and individual rights by significantly diminishing public participation in government, in public issues and in voluntary service; and
Whereas, Although courts have recognized and discouraged SLAPPs, protection of this important right has not been uniform or comprehensive; and
Whereas, It is essential to our form of government that the constitutional rights of citizens to participate fully in the process of government be protected and encouraged; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in NRS 41.640 to 41.670, inclusive, and section 3 of this act, the words and terms defined in NRS 41.640 and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 3. "Good faith communication in furtherance of the right to petition" means any:
1. Communication that is aimed at procuring any governmental or electoral action, result or outcome;
2. Communication of information or a complaint to a legislator, officer or employee of the Federal Government, this state or a political subdivision of this state, regarding a matter reasonably of concern to the respective governmental entity; or
3. Written or oral statement made in direct connection with an issue under consideration by a legislative, executive or judicial body, or any other official proceeding authorized by law,
which is truthful or is made without knowledge of its falsehood.
Sec. 4. NRS 41.640 is hereby amended to read as follows:
41.640[As used in NRS 41.640 to 41.670, inclusive, "political] "Political subdivision" has the meaning ascribed to it in NRS 41.0305.
Sec. 5. NRS 41.650 is hereby amended to read as follows:
41.650[A person who in good faith communicates a complaint or information to a legislator, officer or employee of this state or of a political subdivision, or to a legislator, officer or employee of the Federal Government, regarding a matter reasonably of concern to the respective governmental entity] A person who engages in a good faith communication in furtherance of the right to petition is immune from civil liability [on] for claims based upon the communication.
Sec. 6. NRS 41.660 is hereby amended to read as follows:
41.660[In any civil action brought against a person who in good faith communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision regarding a matter reasonably of concern to the respective governmental entity, the]
1. If an action is brought against a person based upon a good faith communication in furtherance of the right to petition:
(a) The person against whom the action is brought may file a special motion to dismiss; and
(b) The attorney general or [other legal representative of the state or the legal representative of] the chief legal officer or attorney of a political subdivision [may provide for the defense of the action on behalf] of this state may defend or otherwise support the person [who communicated the complaint or information.] against whom the action is brought. If the [legal representative of a political subdivision does not provide for the defense of such an action relating to a communication to a legislator, officer or employee of the political subdivision, the] attorney general [may provide for the defense of the action.] or the chief legal officer or attorney of a political subdivision has a conflict of interest in, or is otherwise disqualified from, defending or otherwise supporting the person, the attorney general or the chief legal officer or attorney of a political subdivision may employ special counsel to defend or otherwise support the person.
2. A special motion to dismiss must be filed within 60 days after service of the complaint, which period may be extended by the court for good cause shown.
3. If a special motion to dismiss is filed pursuant to subsection 2, the court shall:
(a) Treat the motion as a motion for summary judgment;
(b) Stay discovery pending:
(1) A ruling by the court on the motion; and
(2) The disposition of any appeal from the ruling on the motion; and
(c) Rule on the motion within 30 days after the motion is filed.
4. If the court dismisses the action pursuant to a special motion to dismiss filed pursuant to subsection 2, the dismissal operates as an adjudication upon the merits.
Sec. 7. NRS 41.670 is hereby amended to read as follows:
41.670[1. Except as otherwise provided in subsection 2, the party prevailing in an action brought against a person who in good faith communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision, or to a legislator, officer or employee of the Federal Government, regarding a matter reasonably of concern to the respective governmental entity is entitled to] If the court grants a special motion to dismiss filed pursuant to NRS 41.660:
1. The court shall award reasonable costs and attorney's fees [.
2. If a legal representative of this state or of a political subdivision provides the defense in such an action, the state or political subdivision:
(a) If the legal representative prevails, is entitled] to the person against whom the action was brought, except that the court shall award reasonable costs and attorney's [fees; or
(b) If the legal representative does not prevail, must pay reasonable costs and attorney's fees.] fees to this state or to the appropriate political subdivision of this state if the attorney general, the chief legal officer or attorney of the political subdivision or special counsel provided the defense for the person pursuant to NRS 41.660.
2. The person against whom the action is brought may bring a separate action to recover:
(a) Compensatory damages;
(b) Punitive damages; and
(c) Attorney's fees and costs of bringing the separate action.
Sec. 8. The amendatory provisions of this act apply to a civil action that is filed on or after October 1, 1997.
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