MD
Maryland House Bill HB129

Maryland 2023 Regular Session

Maryland House Bill HB129 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0129*
96
107 HOUSE BILL 129
118 D3 3lr0349
12-HB 70/22 – JUD CF SB 619
9+HB 70/22 – JUD CF 3lr0350
1310 By: Delegate Rosenberg
1411 Introduced and read first time: January 13, 2023
1512 Assigned to: Judiciary
16-Committee Report: Favorable
17-House action: Adopted
18-Read second time: February 25, 2023
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Courts – Strategic Lawsuits Against Public Participation 2
2519
2620 FOR the purpose of altering the conditions under which a lawsuit is a strategic lawsuit 3
2721 against public participation (SLAPP suit); altering the conditions under which a 4
2822 defendant in a SLAPP suit is not civilly liable for certain communications; 5
2923 establishing certain standards and requirements relating to a motion to dismiss an 6
3024 alleged SLAPP suit; and generally relating to SLAPP suits. 7
3125
3226 BY repealing and reenacting, with amendments, 8
3327 Article – Courts and Judicial Proceedings 9
3428 Section 5–807 10
3529 Annotated Code of Maryland 11
3630 (2020 Replacement Volume and 2022 Supplement) 12
3731
3832 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
3933 That the Laws of Maryland read as follows: 14
4034
4135 Article – Courts and Judicial Proceedings 15
4236
4337 5–807. 16
4438
4539 (a) In this section, “SLAPP suit” means a strategic lawsuit against public 17
4640 participation. 18
4741
48- (b) [A] SUBJECT TO SUBSECTION (C) OF THIS SECTION, A lawsuit is a SLAPP 19 2 HOUSE BILL 129
42+ (b) [A] SUBJECT TO SUBSECTION (C) OF THIS SECTION, A lawsuit is a SLAPP 19
43+suit if it is[: 20
44+
45+ (1) Brought in bad faith against a party who has communicated with a 21
46+federal, State, or local government body or the public at large to report on, comment on, 22
47+rule on, challenge, oppose, or in any other way exercise rights under the First Amendment 23 2 HOUSE BILL 129
4948
5049
51-suit if it is[: 1
50+of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration 1
51+of Rights regarding any matter within the authority of a government body or any issue of 2
52+public concern; 3
5253
53- (1) Brought in bad faith against a party who has communicated with a 2
54-federal, State, or local government body or the public at large to report on, comment on, 3
55-rule on, challenge, oppose, or in any other way exercise rights under the First Amendment 4
56-of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration 5
57-of Rights regarding any matter within the authority of a government body or any issue of 6
58-public concern; 7
54+ (2) Materially related to the defendant’s communication; and 4
5955
60- (2) Materially related to the defendant’s communication; and 8
56+ (3) Intended to inhibit or inhibits the exercise of rights under the First 5
57+Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland 6
58+Declaration of Rights] BROUGHT AGAINST A PE RSON BASED ON AN ACT OR A 7
59+STATEMENT OF THE PER SON THAT WAS DONE OR MADE IN FURTHERANCE OF THE 8
60+PERSON’S RIGHT OF PETITION OR FREE SPEECH UNDER THE UNITED STATES 9
61+CONSTITUTION OR THE MARYLAND CONSTITUTION OR DECLARATION OF RIGHTS 10
62+IN CONNECTION WITH A PUBLIC ISSUE OR AN I SSUE OF PUBLIC INTER EST, 11
63+INCLUDING A WRITTEN OR ORAL ST ATEMENT MADE : 12
6164
62- (3) Intended to inhibit or inhibits the exercise of rights under the First 9
63-Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland 10
64-Declaration of Rights] BROUGHT AGAINST A PE RSON BASED ON AN ACT OR A 11
65-STATEMENT OF THE PER SON THAT WAS DONE OR MADE IN FURTHERANCE OF THE 12
66-PERSON’S RIGHT OF PETITION OR FREE SPEECH UNDER THE UNITED STATES 13
67-CONSTITUTION OR THE MARYLAND CONSTITUTION OR DECLARATIO N OF RIGHTS 14
68-IN CONNECTION WITH A PUBLIC ISSUE OR AN I SSUE OF PUBLIC INTER EST, 15
69-INCLUDING A WRITTEN OR ORAL STATEMENT MA DE: 16
65+ (1) BEFORE A LEGISLATIVE , EXECUTIVE, OR JUDICIAL PROCEEDI NG 13
66+OR ANY OTHER OFFICIA L PROCEEDING AUTHORI ZED BY LAW; 14
7067
71- (1) BEFORE A LEGISLATIVE , EXECUTIVE, OR JUDICIAL PROCEEDI NG 17
72-OR ANY OTHER OFFICIA L PROCEEDING AUTHORI ZED BY LAW; 18
68+ (2) IN CONNECTION WITH AN ISSUE UNDER CONSIDER ATION OR 15
69+REVIEW BY A LEGISLAT IVE, EXECUTIVE, OR JUDICIAL BODY OR ANY OTHER OFFICIAL 16
70+PROCEEDING AUTHORIZE D BY LAW; 17
7371
74- (2) IN CONNECTIO N WITH AN ISSUE UNDE R CONSIDERATION OR 19
75-REVIEW BY A LEGISLAT IVE, EXECUTIVE, OR JUDICIAL BODY OR ANY OTHER OFFICIAL 20
76-PROCEEDING AUTHORIZE D BY LAW; 21
72+ (3) IN A PLACE OPEN TO TH E PUBLIC OR A PUBLIC FORUM IN 18
73+CONNECTION WITH AN I SSUE OF PUBLIC INTER EST; OR 19
7774
78- (3) IN A PLACE OPEN TO TH E PUBLIC OR A PUBLIC FORUM IN 22
79-CONNECTION WITH AN I SSUE OF PUBLIC INTER EST; OR 23
75+ (4) TO A GOVERNMENT OFFIC IAL OR AN INDIVIDUAL RUNNING FOR 20
76+PUBLIC OFFICE . 21
8077
81- (4) TO A GOVERNMENT OFFIC IAL OR AN INDIVIDUAL RUNNING FOR 24
82-PUBLIC OFFICE . 25
78+ (C) A LAWSUIT IS NOT A SLAPP SUIT IF: 22
8379
84- (C) A LAWSUIT IS NOT A SLAPP SUIT IF: 26
80+ (1) THE LAWSUIT IS BROUGH T IN THE PUBLIC INTE REST OR ON 23
81+BEHALF OF THE GENERA L PUBLIC AND EACH OF THE FOLLOWING CONDIT IONS 24
82+EXISTS: 25
8583
86- (1) THE LAWSUIT IS BROUGH T IN THE PUBLIC INTE REST OR ON 27
87-BEHALF OF THE GENERA L PUBLIC AND EACH OF THE FOLLOWING CONDIT IONS 28
88-EXISTS: 29
84+ (I) EXCEPT FOR CLAIMS FOR ATTORNEY’S FEES, COSTS, OR 26
85+PENALTIES, THE PLAINTIFF DOES N OT SEEK ANY RELIEF G REATER THAN OR 27
86+DIFFERENT FROM THE R ELIEF SOUGHT FOR THE GENERAL PUBLIC OR A CLASS OF 28
87+WHICH THE PLAINTIFF IS A MEMBER; 29
8988
90- (I) EXCEPT FOR CLAIMS FOR AT TORNEY’S FEES, COSTS, OR 30
91-PENALTIES, THE PLAINTIFF DOES N OT SEEK ANY RELIEF G REATER THAN OR 31
92-DIFFERENT FROM THE R ELIEF SOUGHT FOR THE GENERAL PUBLIC OR A CLASS OF 32
93-WHICH THE PLAINTIFF IS A MEMBER; 33
89+ (II) THE LAWSUIT , IF SUCCESSFUL, WOULD ENFORCE AN 30
90+IMPORTANT RIGHT AFFE CTING THE PUBLIC INT EREST AND WOULD CONF ER A 31
91+SIGNIFICANT BENEFIT , PECUNIARY OR NONPECU NIARY, TO THE GENERAL PUBLI C 32
92+OR A LARGE CLASS OF PERSONS; AND 33
9493
95- (II) THE LAWSUIT , IF SUCCESSFUL , WOULD ENFORCE AN 34 HOUSE BILL 129 3
94+ (III) PRIVATE ENFORCEMENT I S NECESSARY AND PLAC ES A 34 HOUSE BILL 129 3
9695
9796
98-IMPORTANT RIGHT AFFE CTING THE PUBLIC INT EREST AND WOULD CONF ER A 1
99-SIGNIFICANT BENEFIT , PECUNIARY OR NONPECU NIARY, TO THE GENERAL PUBLI C 2
100-OR A LARGE CLASS OF PERSONS; AND 3
97+DISPROPORTIONATE FINANCIAL B URDEN ON THE PLAINTI FF IN RELATION TO TH E 1
98+PLAINTIFF’S STAKE IN THE MATTE R; OR 2
10199
102- (III) PRIVATE ENFORCEMENT I S NECESSARY AND PLAC ES A 4
103-DISPROPORTIONATE FIN ANCIAL BURDEN ON THE PLAINTIFF IN RELATIO N TO THE 5
104-PLAINTIFF’S STAKE IN THE MATTE R; OR 6
100+ (2) THE LAWSUIT INVOLVES A DEFENDANT WHO : 3
105101
106- (2) THE LAWSUIT INVOLVES A DEFENDANT WHO : 7
102+ (I) PRIMARILY ENGAGES IN THE BUSINESS OF SELL ING OR 4
103+LEASING GOODS OR SER VICES, INCLUDING INSURANCE , SECURITIES, OR FINANCIAL 5
104+INSTRUMENTS ; AND 6
107105
108- (I) PRIMARILY ENGAGES IN THE BUSINESS OF SELL ING OR 8
109-LEASING GOODS OR SER VICES, INCLUDING INSURANCE , SECURITIES, OR FINANCIAL 9
110-INSTRUMENTS ; AND 10
106+ (II) 1. MADE A STATEMENT OR E NGAGED IN CONDUCT TH AT 7
107+CONSISTED OF REPRESE NTATIONS OF FACT ABO UT THE DEFENDANT ’S OR A 8
108+BUSINESS COMPETITOR ’S BUSINESS OPERATION S, GOODS, OR SERVICES FOR THE 9
109+PURPOSE OF OBTAINING APPROVAL FOR, PROMOTING , OR SECURING SALES OR 10
110+LEASES OF OR COMMERC IAL TRANSACTIONS IN THE DEFENDANT ’S GOODS OR 11
111+SERVICES; OR 12
111112
112- (II) 1. MADE A STATEMENT OR E NGAGED IN CONDUCT TH AT 11
113-CONSISTED OF REPRESE NTATIONS OF FACT ABO UT THE DEFENDANT ’S OR A 12
114-BUSINESS COMPETITOR ’S BUSINESS OPERATION S, GOODS, OR SERVICES FOR THE 13
115-PURPOSE OF OBTAINING APPROVAL FOR , PROMOTING , OR SECURING SALES OR 14
116-LEASES OF OR COMMERC IAL TRANSACTIONS IN THE DEFENDANT ’S GOODS OR 15
117-SERVICES; OR 16
113+ 2. IN THE COURSE OF DELI VERING THE DEFENDANT ’S 13
114+GOODS OR SERVICES IS ALLEGED TO HAVE MADE A STATEMENT OR ENGAG ED IN 14
115+CONDUCT THAT D ISPARAGES A BUSINESS COMPETITOR ’S BUSINESS OPERATION S, 15
116+GOODS, OR SERVICES. 16
118117
119- 2. IN THE COURSE OF DELI VERING THE DEFENDANT ’S 17
120-GOODS OR SERVICES IS ALLEGED TO HAVE MADE A STATEMENT OR ENGAG ED IN 18
121-CONDUCT THAT DISPARA GES A BUSINESS COMPETITOR ’S BUSINESS OPERATION S, 19
122-GOODS, OR SERVICES. 20
118+ [(c)] (D) A defendant in a SLAPP suit is not civilly liable for communicating with 17
119+a federal, State, or local government body or the public at large, if the defendant, without 18
120+constitutional malice, [reports on, comments on, rules on, challenges, opposes, or in any 19
121+other way exercises rights under the First Amendment of the U.S. Constitution or Article 20
122+10, Article 13, or Article 40 of the Maryland Declaration of Rights] ACTED IN 21
123+FURTHERANCE OF THE DEFENDANT ’S RIGHT OF PETITION OR FREE SPEECH UNDER 22
124+THE UNITED STATES CONSTITUTION OR THE MARYLAND CONSTITUTION OR 23
125+DECLARATION OF RIGHTS regarding any matter within the authority of a government 24
126+body or any PUBLIC issue OR ISSUE of public [concern] INTEREST. 25
123127
124- [(c)] (D) A defendant in a SLAPP suit is not civilly liable for communicating with 21
125-a federal, State, or local government body or the public at large, if the defendant, without 22
126-constitutional malice, [reports on, comments on, rules on, challenges, opposes, or in any 23
127-other way exercises rights under the First Amendment of the U.S. Constitution or Article 24
128-10, Article 13, or Article 40 of the Maryland Declaration of Rights] ACTED IN 25
129-FURTHERANCE OF THE DEFENDANT’S RIGHT OF PETITION OR FREE SPEECH UNDER 26
130-THE UNITED STATES CONSTITUTION OR THE MARYLAND CONSTITUTION OR 27
131-DECLARATION OF RIGHTS regarding any matter within the authority of a government 28
132-body or any PUBLIC issue OR ISSUE of public [concern] INTEREST. 29
128+ [(d)] (E) (1) A defendant in an alleged SLAPP suit may move to: 26
133129
134- [(d)] (E) (1) A defendant in an alleged SLAPP suit may move to: 30
130+ [(1)] (I) Dismiss the alleged SLAPP suit, in which case the court shall 27
131+hold a hearing on the motion to dismiss as soon as practicable AND RULE EXPEDITIOUS LY; 28
132+or 29
135133
136- [(1)] (I) Dismiss the alleged SLAPP suit, in which case the court shall 31
137-hold a hearing on the motion to dismiss as soon as practicable AND RULE EXPEDITIOUS LY; 32
138-or 33
134+ [(2)] (II) Stay all court proceedings until the matter about which the 30
135+defendant communicated to the government body or the public at large is resolved. 31
139136
140- [(2)] (II) Stay all court proceedings until the matter about which the 34
141-defendant communicated to the government body or the public at large is resolved. 35 4 HOUSE BILL 129
137+ (2) IT IS THE PLAINTIFF’S BURDEN IN RESPONDI NG TO A MOTION TO 32
138+DISMISS TO SHOW THAT THE ALLEGED SLAPP SUIT HAS SUBSTANTIAL 33
139+JUSTIFICATION IN LAW AND FACT. 34
140+ 4 HOUSE BILL 129
142141
143142
143+ (3) (I) IF IT APPEARS LIKELY THAT DISCOVERY WILL ENABLE THE 1
144+PLAINTIFF TO DEFEAT A MOTION TO DISMISS AND THAT THE DISCOVE RY WILL NOT 2
145+BE UNDULY BURDENSOME , THE COURT MAY ORDER THAT SPECIFIED DISCOVERY BE 3
146+CONDUCTED . 4
144147
145- (2) IT IS THE PLAINTIFF’S BURDEN IN RESPONDI NG TO A MOTION TO 1
146-DISMISS TO SHOW THAT THE ALLEGED SLAPP SUIT HAS SUBSTANTIA L 2
147-JUSTIFICATION IN LAW AND FACT. 3
148+ (II) AN ORDER UNDER THIS P ARAGRAPH SHALL BE 5
149+CONDITIONED ON THE P LAINTIFF PAYING ANY EXPENSES INCURRED BY THE 6
150+DEFENDANT IN RESPOND ING TO THE DISCOVERY . 7
148151
149- (3) (I) IF IT APPEARS LIKELY THAT DISCOVERY WILL ENABLE THE 4
150-PLAINTIFF TO DEFEAT A MOTION TO DISMISS AND THAT THE DISCOVE RY WILL NOT 5
151-BE UNDULY BURDENSOME , THE COURT MAY ORDER THAT SPECIFIED DISCOVERY BE 6
152-CONDUCTED . 7
152+ (4) (I) IF THE COURT GRANTS A N ANTI–SLAPP MOTION, THE 8
153+COURT SHALL AWARD CO STS AND REASONABLE ATTORNEY ’S FEES TO THE MOVING 9
154+PARTY IF THE COURT D ETERMINES THAT JUSTI CE AND EQUITY REQUIR E IT. 10
153155
154- (II) AN ORDER UNDER THIS P ARAGRAPH SHALL BE 8
155-CONDITIONED ON THE P LAINTIFF PAYING ANY EXPENSES INCURRED BY THE 9
156-DEFENDANT IN RESPOND ING TO THE DISCOVERY . 10
156+ (II) IF THE COURT FINDS TH AT A MOTION TO DISMI SS IS 11
157+FRIVOLOUS OR SOLELY INTENDED TO CAUSE UN NECESSARY DELAY , THE COURT MAY 12
158+AWARD COSTS AND REAS ONABLE ATTORNEY’S FEES TO THE RESPON DING PARTY. 13
157159
158- (4) (I) IF THE COURT GRANTS A N ANTI–SLAPP MOTION, THE 11
159-COURT SHALL AWARD CO STS AND REASONABLE A TTORNEY’S FEES TO THE MOVING 12
160-PARTY IF THE COURT D ETERMINES THAT JUSTI CE AND EQUITY REQUIR E IT. 13
160+ [(e)] (F) This section: 14
161161
162- (II) IF THE COURT FINDS TH AT A MOTION TO DISMI SS IS 14
163-FRIVOLOUS OR SOLELY INTENDED TO CAUSE UN NECESSARY DELAY , THE COURT MAY 15
164-AWARD COSTS AND REAS ONABLE ATTORNEY ’S FEES TO THE RESPONDING PA RTY. 16
162+ (1) Is applicable to SLAPP suits notwithstanding any other law or rule; and 15
165163
166- [(e)] (F) This section: 17
164+ (2) Does not diminish any equitable or legal right or remedy otherwise 16
165+available to a defendant in a SLAPP suit. 17
167166
168- (1) Is applicable to SLAPP suits notwithstanding any other law or rule; and 18
167+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 18
168+apply only prospectively and may not be applied or interpreted to have any effect on or 19
169+application to any cause of action arising before the effective date of this Act. 20
169170
170- (2) Does not diminish any equitable or legal right or remedy otherwise 19
171-available to a defendant in a SLAPP suit. 20
172-
173- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 21
174-apply only prospectively and may not be applied or interpreted to have any effect on or 22
175-application to any cause of action arising before the effective date of this Act. 23
176-
177- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
178-October 1, 2023. 25
171+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
172+October 1, 2023. 22
179173