HB 2699-S - DIGEST

(DIGEST AS ENACTED)

     Provides immunity for communications with government agencies and self-regulatory organizations.

     Finds that, 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.

     Provides that a person who communicates a complaint or information to any branch or agency of federal, state, or local government, or to any self-regulatory organization 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 act is entitled to recover 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.