Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 18 (2023GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates a process for a claim asserted against a person for:
• communication in, or on an issue under consideration in, certain governmental proceedings; or
• exercising certain rights under the United States Constitution or Utah Constitution;
• requires a court to award costs, attorney fees, and other litigation expenses under certain circumstances;
• includes a severability clause; and
• repeals the Citizenship Participation in Government Act.

Every vote on this bill

Bill text

PUBLIC EXPRESSION PROTECTION ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
A. Cory Maloy
LONG TITLE
General Description:
This bill enacts the Uniform Public Expression Protection Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates a process for a claim asserted against a person for:
• communication in, or on an issue under consideration in, certain governmental
proceedings; or
• exercising certain rights under the United States Constitution or Utah
Constitution;
▸ requires a court to award costs, attorney fees, and other litigation expenses under
certain circumstances;
▸ includes a severability clause; and
▸ repeals the Citizenship Participation in Government Act.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78B-25-101
, Utah Code Annotated 1953
78B-25-102
, Utah Code Annotated 1953
78B-25-103
, Utah Code Annotated 1953
78B-25-104
, Utah Code Annotated 1953
78B-25-105
, Utah Code Annotated 1953
78B-25-106
, Utah Code Annotated 1953
78B-25-107
, Utah Code Annotated 1953
78B-25-108
, Utah Code Annotated 1953
78B-25-109
, Utah Code Annotated 1953
78B-25-110
, Utah Code Annotated 1953
78B-25-111
, Utah Code Annotated 1953
78B-25-112
, Utah Code Annotated 1953
78B-25-113
, Utah Code Annotated 1953
78B-25-114
, Utah Code Annotated 1953
78B-25-115
, Utah Code Annotated 1953
REPEALS:
78B-6-1401
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-1402
, as last amended by Laws of Utah 2010, Chapter 254
78B-6-1403
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-1404
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-1405
, as renumbered and amended by Laws of Utah 2008, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-25-101
 is enacted to read:
CHAPTER 25. UNIFORM PUBLIC EXPRESSION PROTECTION ACT
 78B-25-101.
Title.
This chapter may be cited as the "Uniform Public Expression Protection Act."
Section 2. Section 
78B-25-102
 is enacted to read:
 78B-25-102.
Scope.
(1) As used in this section:
(a) "Goods or services" does not include the creation, dissemination, exhibition, or
advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or
artistic work.
(b) "Governmental unit" means a public corporation or government or governmental
subdivision, agency, or instrumentality.
(c) "Person" means an individual, estate, trust, partnership, business or nonprofit entity,
governmental unit, or other legal entity.
(2) Except as provided in Subsection (3), this chapter applies to a cause of action
asserted in a civil action against a person based on the person's:
(a) communication in a legislative, executive, judicial, administrative, or other
governmental proceeding;
(b) communication on an issue under consideration or review in a legislative,
executive, judicial, administrative, or other governmental proceeding; or
(c) exercise of the right of freedom of speech or of the press, the right to assemble or
petition, or the right of association, guaranteed by the United States Constitution or Utah
Constitution, on a matter of public concern.
(3) This chapter does not apply to a cause of action asserted:
(a) against a governmental unit or an employee or agent of a governmental unit acting
or purporting to act in an official capacity;
(b) by a governmental unit or an employee or agent of a governmental unit acting in an
official capacity to enforce a law to protect against an imminent threat to public health or
safety; or
(c) against a person primarily engaged in the business of selling or leasing goods or
services if the cause of action arises out of a communication related to the person's sale or lease
of the goods or services.
Section 3. Section 
78B-25-103
 is enacted to read:
 78B-25-103.
Special motion for expedited relief.
Not later than 60 days after the day on which a party is served with a complaint,
crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to
which this chapter applies, or at a later time on a showing of good cause, the party may file a
special motion for expedited relief to dismiss the cause of action or part of the cause of action.
Section 4. Section 
78B-25-104
 is enacted to read:
 78B-25-104.
Stay.
(1) Except as provided in Subsections (4) through (7), on the filing of a motion under
Section 
78B-25-103
:
(a) all other proceedings between the moving party and responding party, including
discovery and a pending hearing or motion, are stayed; and
(b) on motion by the moving party, the court may stay a hearing or motion involving
another party, or discovery by another party, if the hearing or ruling on the motion would
adjudicate, or the discovery would relate to, an issue material to the motion under Section
78B-25-103
.
(2) A stay under Subsection (1) remains in effect until the day on which an order ruling
on the motion under Section 
78B-25-103
 is entered and expiration of the time under Utah
Rules of Appellate Procedure, Rule 4, for the moving party to appeal the order.
(3) (a) Except as provided in Subsections (5) through (7), if a party appeals from an
order ruling on a motion under Section 
78B-25-103
, all proceedings between all parties in the
action are stayed.
(b) A stay under Subsection (3)(a) remains in effect until the day on which the appeal
concludes.
(4) During a stay under Subsection (1), the court may allow limited discovery if a party
shows that specific information is necessary to establish whether a party has satisfied or failed
to satisfy a burden under Subsection 
78B-25-107
(1) and the information is not reasonably
available unless discovery is allowed.
(5) A motion under Section 
78B-25-110
 for costs, attorney fees, and expenses is not
subject to a stay under this section.
(6) A stay under this section does not affect a party's ability to voluntarily dismiss a
cause of action or part of a cause of action or move to sever a cause of action.
(7) During a stay under this section, the court for good cause may hear and rule on:
(a) a motion unrelated to the motion under Section 
78B-25-103
; and
(b) a motion seeking a special or preliminary injunction to protect against an imminent
threat to public health or safety.
Section 5. Section 
78B-25-105
 is enacted to read:
 78B-25-105.
Hearing.
(1) The court shall hear a motion under Section 
78B-25-103
 not later than 60 days after
the day on which the motion is filed, unless the court orders a later hearing:
(a) to allow discovery under Subsection 
78B-25-104
(4); or
(b) for other good cause.
(2) If the court orders a later hearing under Subsection (1)(a), the court shall hear the
motion under Section 
78B-25-103
 not later than 60 days after the day on which the court issues
an order allowing the discovery, unless the court orders a later hearing under Subsection (1)(b).
Section 6. Section 
78B-25-106
 is enacted to read:
 78B-25-106.
Proof.
In ruling on a motion under Section 
78B-25-103
, the court shall consider the pleadings,
the motion, any reply or response to the motion, and any evidence that could be considered in
ruling on a motion for summary judgment under Utah Rules of Civil Procedure, Rule 56.
Section 7. Section 
78B-25-107
 is enacted to read:
 78B-25-107.
Dismissal of cause of action in whole or part.
(1) In ruling on a motion under Section 
78B-25-103
, the court shall dismiss with
prejudice a cause of action, or part of a cause of action, if:
(a) the moving party establishes under Subsection 
78B-25-102
(2) that this chapter
applies;
(b) the responding party fails to establish under Subsection 
78B-25-102
(3) that this
chapter does not apply; and
(c) either:
(i) the responding party fails to establish a prima facie case as to each essential element
of the cause of action; or
(ii) the moving party establishes that:
(A) the responding party failed to state a cause of action upon which relief can be
granted; or
(B) there is no genuine issue as to any material fact and the moving party is entitled to
judgment as a matter of law on the cause of action or part of the cause of action.
(2) A voluntary dismissal without prejudice of a responding party's cause of action, or
part of a cause of action, that is the subject of a motion under Section 
78B-25-103
 does not
affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and
expenses under Section 
78B-25-110
.
(3) A voluntary dismissal with prejudice of a responding party's cause of action, or part
of a cause of action, that is the subject of a motion under Section 
78B-25-103
 establishes for
the purpose of Section 
78B-25-110
 that the moving party prevailed on the motion.
Section 8. Section 
78B-25-108
 is enacted to read:
 78B-25-108.
Ruling.
The court shall rule on a motion under Section 
78B-25-103
 not later than 60 days after
the day on which a hearing is held under Section 
78B-25-105
.
Section 9. Section 
78B-25-109
 is enacted to read:
 78B-25-109.
Appeal.
(1) A moving party may appeal as a matter of right from an order denying, in whole or
in part, a motion under Section 
78B-25-103
.
(2) The appeal shall be filed in accordance with Utah Rules of Appellate Procedure,
Rule 4.
Section 10. Section 
78B-25-110
 is enacted to read:
 78B-25-110.
Costs, attorney fees, and expenses.
On a motion under Section 
78B-25-103
, the court shall award court costs, reasonable
attorney fees, and reasonable litigation expenses related to the motion:
(1) to the moving party if the moving party prevails on the motion; or
(2) to the responding party if the responding party prevails on the motion and the court
finds that the motion was frivolous or filed solely with intent to delay the proceeding.
Section 11. Section 
78B-25-111
 is enacted to read:
 78B-25-111.
Construction.
This chapter shall be broadly construed and applied to protect the exercise of the right
of freedom of speech and of the press, the right to assemble and petition, and the right of
association, guaranteed by the United States Constitution or the Utah Constitution.
Section 12. Section 
78B-25-112
 is enacted to read:
 78B-25-112.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to
promote uniformity of the law with respect to the uniform law's subject matter among states
that enact the uniform law.
Section 13. Section 
78B-25-113
 is enacted to read:
 78B-25-113.
Transitional provision.
This chapter applies to a civil action filed or cause of action asserted in a civil action on
or after May 3, 2023.
Section 14. Section 
78B-25-114
 is enacted to read:
 78B-25-114.
Savings clause.
This chapter does not affect a cause of action asserted before May 3, 2023, in a civil
action or a motion under Chapter 6, Part 14, Citizen Participation in Government Act,
regarding the cause of action.
Section 15. Section 
78B-25-115
 is enacted to read:
 78B-25-115.
Severability.
If any provision of this chapter or the chapter's application to any person or
circumstance is held invalid, the invalidity does not affect other provisions or applications of
this chapter which can be given effect without the invalid provision or application, and to this
end the provisions of this chapter are severable.
Section 16. 
Repealer.
This bill repeals:
Section 
78B-6-1401
,
Title.
Section 
78B-6-1402
,
Definitions.
Section 
78B-6-1403
,
Applicability.
Section 
78B-6-1404
,
Procedures.
Section 
78B-6-1405
,
Counter actions -- Attorney fees -- Damages.