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SUBSTITUTE HOUSE BILL 2699
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AS AMENDED BY THE SENATE
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002
Regular Session
By
Read first time 02/07/2002. Referred to
Committee on .
Providing immunity for
communications with government agencies and self-regulatory organizations.
AN ACT Relating to
communications with government branches or agencies and self-regulatory
organizations; amending RCW 4.24.510; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. Strategic lawsuits
against public participation, or SLAPP suits, involve communications made to
influence a government action or outcome which results in a civil complaint or
counterclaim filed against individuals or organizations on a substantive issue of
some public interest or social significance. SLAPP suits are designed to
intimidate the exercise of First Amendment rights and rights under Article I,
section 5 of the Washington state Constitution.
Although Washington
state adopted the first modern anti-SLAPP law in 1989, that law has, in
practice, failed to set forth clear rules for early dismissal review. Since
that time, the United States supreme court has made it clear that, as long as
the petitioning is aimed at procuring favorable government action, result,
product, or outcome, it is protected and the case should be dismissed. This
bill amends Washington law to bring it in line with these court decisions which
recognizes that the United States Constitution protects advocacy to government,
regardless of content or motive, so long as it is designed to have some effect
on government decision making.
Sec. 2. RCW 4.24.510 and 1999 c
54 s 1 are each amended to read as follows:
A person
who ((in good faith)) communicates a complaint or information to any branch
or agency of federal, state, or local government, or to any self-regulatory
organization that regulates persons involved in the securities or futures
business and that has been delegated authority by a federal, state, or local
government agency and is subject to oversight by the delegating agency, is
immune from civil liability for claims based upon the communication to the
agency or organization regarding any matter reasonably of concern to that
agency or organization. A person prevailing upon the defense provided for in
this section ((shall be)) is entitled to recover ((costs))
expenses and reasonable attorneys' fees incurred in establishing the
defense and in addition shall receive statutory damages of ten thousand
dollars. Statutory damages may be denied if the court finds that the complaint
or information was communicated in bad faith.
