PRIOR PRINTER'S NO. 406 PRINTER'S NO. 988
No. 393 Session of 1999
INTRODUCED BY FEESE, GEORGE, MAITLAND, SNYDER, BARRAR, TIGUE,
PLATTS, GEIST, NICKOL, FARGO, CORRIGAN, KREBS, SAYLOR,
CHADWICK, DEMPSEY, TRELLO, LAUGHLIN, LYNCH, LEH, STAIRS,
HERMAN, WALKO, CURRY, HENNESSEY, MASLAND, MAHER, CLARK,
STERN, STEIL, BAKER, SCHRODER, McCALL, GANNON, S. H. SMITH,
YOUNGBLOOD, SEYFERT, STEELMAN, E. Z. TAYLOR, WILT, ORIE AND
MICHLOVIC, FEBRUARY 8, 1999
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 16, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for
3 participation in environmental law or regulation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8340.1. Participation in environmental law or regulation.
9 (a) Immunity.--
10 (1) A person who acts in furtherance of the person's
11 right of petition or free speech under the Constitution of
12 the United States or the Constitution of Pennsylvania in
13 connection with an issue related to enforcement or
14 implementation of environmental law or regulation shall be
15 immune from civil liability in any action except where the
1 communication to the government agency is not genuinely aimed
2 at procuring a favorable governmental action, result or
3 outcome.
4 (2) A communication is not genuinely aimed at procuring
5 a favorable governmental action, result or outcome if it:
6 (i) is not material or relevant to the enforcement
7 or implementation of environmental law or regulation;
8 (ii) was knowingly false or deliberately misleading <--
9 when made;
10 (iii) was rendered with reckless disregard as to the
11 truth or falsity of the statement when made; OR <--
12 (iv) was undertaken for the purpose of interfering <--
13 with business relationships;
14 (v) (IV) represented a wrongful use of process or <--
15 abuse of process.; or <--
16 (vi) violates the constitutional rights of another
17 person.
18 (b) Stay or discovery.--The court shall stay all discovery
19 proceedings in the action upon the filing of preliminary
20 objections FOR LEGAL INSUFFICIENCY OF A PLEADING OR OTHER <--
21 APPROPRIATE MOTION ON THE BASIS OF IMMUNITY, provided, however,
22 that the court, on motion and after a hearing and for good cause
23 shown, may order that specified discovery be conducted. The stay
24 of discovery shall remain in effect until notice of the entry of
25 the order ruling on the preliminary objections OR ON ANOTHER <--
26 APPROPRIATE MOTION.
27 (c) Admissibility of court determination.--If the court
28 determines that the plaintiff has established that there is a
29 substantial likelihood that the plaintiff will prevail on the
30 claim, neither that determination nor the fact of that
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1 determination shall be admissible in evidence at any later stage
2 of the case, and no burden of proof or degree of proof otherwise
3 applicable shall be affected by that determination.
4 (d) Intervention.--The government agency involved in the
5 furtherance of a person's right of petition or free speech under
6 the Constitution of the United States or the Constitution of
7 Pennsylvania in connection with a public issue may intervene or
8 otherwise participate as an amicus curiae in the action
9 involving public petition and participation.
10 (e) Legal protections of defendants.--Nothing in this
11 section shall be construed to limit any constitutional,
12 statutory or common-law protections of defendants to actions
13 involving public petition and participation.
14 (f) Abuse of legal process.--In addition to other costs or
15 remedies allowed by general rule or statute, in any
16 administrative or judicial proceeding related to the enforcement
17 or implementation of environmental law or regulation, the agency
18 or court may award costs, including reasonable attorney fees, if
19 the agency or court determines that an action, appeal, claim,
20 motion or pleading is frivolous or taken solely for delay or
21 that the conduct of a party or counsel is dilatory or vexatious.
22 (g) Definitions.--The following words and phrases when used
23 in this section shall have the meanings given to them in this
24 subsection unless the context clearly indicates otherwise:
25 "Act in furtherance of a person's right of petition or free
26 speech under the United States Constitution or the Constitution
27 of Pennsylvania in connection with a public issue." Any written
28 or oral statement or writing made before a legislative,
29 executive or judicial proceeding, or any other official
30 proceeding authorized by law; any written or oral statement or
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1 writing made in connection with an issue under consideration or
2 review by a legislative, executive or judicial body, or any
3 other official proceeding authorized by law; any written or oral
4 statement or writing made in a place open to the public or a
5 public forum in connection with an issue of public interest; or
6 any written or oral statement or writing made to a government
7 agency in connection with the implementation and enforcement of
8 environmental law and regulations.
9 "Enforcement of environmental law and regulations." Any
10 activity related to the identification and elimination of
11 violations of environmental laws and regulations, including
12 investigations of alleged violations, inspections of activities
13 subject to regulation under environmental law and regulations
14 and responses taken to produce correction of the violations.
15 "Government agency." The Federal Government, the
16 Commonwealth and all of its departments, commissions, boards,
17 agencies and authorities, and all political subdivisions and
18 their authorities.
19 "Implementation of environmental law and regulations." Any
20 activity related to the development and administration of
21 environmental programs developed under environmental law and
22 regulations.
23 Section 2. This act shall take effect in 60 days.
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