Topic:
Citizen Participation Act
(Breen, R-Lombard) makes the following changes to the Act: (1) Amends the public policy provision of the Act to make as one of its intentions the ability to identify and provide a speedy resolution of meritless and retaliatory and provide damages in the form of attorney’s fees and costs to prevailing movants. (2) Provides that a claim is meritless if it lacks an essential element of the claim or fails against a reasonably foreseeable affirmative defense to that claim. (3) Provides that a plaintiff's claim is presumed to be retaliatory if the alleged basis for the claim is an act in furtherance of the constitutional rights to petition, speech, association, and participation in government. (4) Provides that a motion under the Act may be made as a motion to dismiss or as a motion for summary judgment or joined with other motions. (5) Provides that “attorney’s fees and costs” include reasonable trial and appellate attorney’s fees and costs incurred in connection with a motion under the Act, including, but not limited to, fees and costs for discovery that relates to such a motion. Scheduled for hearing next Wednesday in House Judiciary Committee.