PRIOR PRINTER'S NO. 3872 PRINTER'S NO. 4082
No. 2710 Session of 2000
INTRODUCED BY ORIE, DERMODY, WALKO, CAPPABIANCA, CAWLEY,
HUTCHINSON, WANSACZ, TIGUE, FARGO, YOUNGBLOOD, BELARDI,
LAUGHLIN, McNAUGHTON, SAYLOR, BELFANTI, TRUE, SOLOBAY,
READSHAW, PESCI, ARGALL, PISTELLA, McILHATTAN, SAMUELSON,
B. SMITH, M. COHEN, STABACK, SURRA, BEBKO-JONES, WILT, BARD,
JAMES, MELIO, CORRIGAN, WILLIAMS, TRELLO, HARHAI, STURLA,
FRANKEL, WASHINGTON, PETRARCA and THOMAS, SEPTEMBER 11, 2000
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 10, 2000
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for
3 confidential communications to crime stopper or similar
4 anticrime program AND FOR PARTICIPATION IN CERTAIN <--
5 ENVIRONMENTAL CASES.
6 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: <--
7 (1) THERE HAS BEEN A DISTURBING INCREASE IN LAWSUITS,
8 KNOWN AS STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION
9 (SLAPP), BROUGHT PRIMARILY TO CHILL THE VALID EXERCISE BY
10 CITIZENS OF THEIR CONSTITUTIONAL RIGHT TO FREEDOM OF SPEECH
11 AND TO PETITION THE GOVERNMENT FOR THE REDRESS OF GRIEVANCES.
12 (2) IT IS IN THE PUBLIC INTEREST TO EMPOWER CITIZENS TO
13 BRING A SWIFT END TO RETALIATORY LAWSUITS SEEKING TO
14 UNDERMINE THEIR PARTICIPATION IN THE ESTABLISHMENT OF STATE
15 AND LOCAL ENVIRONMENTAL POLICY AND IN THE IMPLEMENTATION AND
16 ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATIONS.
1 (3) THIS ACT WILL ENSURE THAT A FRIVOLOUS LAWSUIT OR A
2 SLAPP CAN BE RESOLVED IN A PROMPT MANNER BY PERMITTING
3 CITIZENS TO RAISE CIVIL IMMUNITY TO SUCH SUITS WHEN FILING A
4 PRELIMINARY OBJECTION FOR LEGAL INSUFFICIENCY OF A PLEADING
5 OR DEMURRER OR UPON ANOTHER APPROPRIATE MOTION AND TO OBTAIN
6 A STAY ON DISCOVERY AS PROVIDED FOR IN THIS ACT.
7 (4) A COURT SHOULD GRANT OR DENY RELIEF ON THE
8 PRELIMINARY OBJECTION OR OTHER APPROPRIATE MOTION WITHOUT
9 RESERVING THE MATTER FOR FURTHER DISCOVERY.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Title 42 of the Pennsylvania Consolidated Statutes
13 is amended by adding a section SECTIONS to read: <--
14 § 5945.2. Confidential communications to crime stopper or
15 similar anticrime program.
16 (a) General rule.--No person engaged in, connected with or
17 employed by any crime stopper or similar anticrime program shall
18 be required in any manner to disclose the source of any
19 information received, procured or obtained by such person or
20 crime stopper or similar anticrime program in any legal
21 proceeding, trial or investigation before any government unit.
22 (b) Definition.--As used in this section, "crime stopper or
23 similar anticrime program" means a private, nonprofit
24 organization that accepts and expends donations for rewards to
25 persons who report to the organization information concerning
26 criminal activity and that forwards the information to the
27 appropriate law enforcement agency.
28 § 8313. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION. <--
29 (A) IMMUNITY.--
30 (1) A PERSON WHO ACTS IN FURTHERANCE OF THE PERSON'S
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1 RIGHT OF PETITION OR FREE SPEECH UNDER THE CONSTITUTION OF
2 THE UNITED STATES OR THE CONSTITUTION OF PENNSYLVANIA IN
3 CONNECTION WITH AN ISSUE RELATED TO ENFORCEMENT OR
4 IMPLEMENTATION OF ENVIRONMENTAL LAW OR REGULATION SHALL BE
5 IMMUNE FROM CIVIL LIABILITY IN ANY ACTION EXCEPT WHERE THE
6 COMMUNICATION TO THE GOVERNMENT AGENCY IS NOT GENUINELY AIMED
7 AT PROCURING A FAVORABLE GOVERNMENTAL ACTION, RESULT OR
8 OUTCOME.
9 (2) A COMMUNICATION IS NOT GENUINELY AIMED AT PROCURING
10 A FAVORABLE GOVERNMENTAL ACTION, RESULT OR OUTCOME IF IT:
11 (I) IS NOT MATERIAL OR RELEVANT TO THE ENFORCEMENT
12 OR IMPLEMENTATION OF ENVIRONMENTAL LAW OR REGULATION;
13 (II) WAS KNOWINGLY FALSE WHEN MADE;
14 (III) WAS RENDERED WITH RECKLESS DISREGARD AS TO THE
15 TRUTH OR FALSITY OF THE STATEMENT WHEN MADE; OR
16 (IV) REPRESENTED A WRONGFUL USE OF PROCESS OR ABUSE
17 OF PROCESS.
18 (B) STAY OF 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.--AS USED IN THIS SECTION, THE FOLLOWING
23 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
24 SUBSECTION:
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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