HB 2722
Initials LC/DG/JH Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: JUD DPA 5-3-0-2
HB2722: strategic actions; public participation
Sponsor: Representative Toma, LD 22
House Engrossed
Overview
Expands the scope of laws concerning strategic actions against public participation to mandate
the court accept motions to dismiss or quash under specified circumstances.
History
Laws 2006, Chapter 234 established statute on strategic lawsuits against public participation
which included a legislative finding statement concluding that civil actions have been filed against
citizens and organizations in Arizona when defendents were legally exercising their valid
constitutional rights of petition, speech and association. The court is required to grant a motion to
dismiss on this basis unless the non-movant party shows that the moving party's right to petition
did not have factual support and caused compensable injury to the non-movant party (A.R.S. §
12-752).
If the court finds that the lawsuit was brought for an improper purpose, the moving party is
encouraged to pursue additional sanctions. A strategic action against public participation does
not:
1) Affect the moving party's right to a remedy authorized by law;
2) Apply to an enforcement action brought in the name of this state;
3) Create immunities or affect privileges authorized by law; or
4) Limit a public agency from enforcing its rules of procedure (A.R.S. § 12-752).
Provisions
1. Repeals statute defining exercise of the right to petition, governmental proceeding and legal
action. (Sec. 1)
2. Includes the right of speech, the right to peaceably assemble and the right to freely associate
in the list of reasons a defending party may file a motion to dismiss or quash. (Sec. 2)
3. Stipulates that this law does not apply to a defending party that is a state actor or intervener.
(Sec. 2)
4. Requires the court to grant a motion to dismiss or quash that is filed against a state actor, if:
a) The state actor initiated the underlying proceeding and shows by a preponderance of
evidence that the disputed legal action violates a clearly established law and the state
actor did not file the action to deter or retaliate against the exercise of constitutional rights;
b) The state actor did not initiate the underlying proceeding and shows the disputed legal
action is justified by existing legal precedents or reasonable arguments for extending or
modifying existing law and by clear and convincing evidence the state actor did not file
the action to deter or retaliate against the exercise of constitutional rights; or
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2722
Initials LC/DG/JH Page 2 House Engrossed
c) The party against whom the motion is filed, if the motion is not filed against a state actor,
shows that the disputed legal action is justified by existing precedents or provides a
reasonable argument for extending or modifying the existing law.
5. Removes statute concerning calendar preference of motions pertaining to strategic actions
against public participation. (Sec. 2)
6. Allows the moving party to pursue damages if the court finds that the lawsuit was brought for
an improper purpose. (Sec. 2)
7. Reduces the time limit in which a motion may be filed to be dismissed from 90 days to 60
days. (Sec. 2)
8. Requires the court to schedule a hearing on the motion not more than 30 days after service
of a motion and specifies exceptions. (Sec. 2)
9. Asserts that all discovery proceedings must be stayed on the motion notice filing. (Sec. 2)
10. Extends the stay of discovery until notice of entry of the motion order ruling. (Sec. 2)
11. Allows the court to order that specified discovery be conducted. (Sec. 2)
12. Specifies that an order granting or denying a motion is appealable. (Sec. 2, 3)
13. Requires the court of appeals to expedite strategic action against public participation appeals
and specifies exceptions. (Sec. 3)
14. Revises provisions pertaining to the rights of the moving party and the legislature related to
strategic actions against public participation. (Sec. 2)
15. Defines legal action. (Sec. 2)
16. Makes clarifying changes concerning court procedures. (Sec. 2)
17. Defines legal action and state actor. (Sec. 2)
18. Contains a severability clause. (Sec. 4)
19. Makes technical and conforming changes. (Sec. 2, 3)