ENGR. S. A. TO ENGR. H. B. NO. 12 36 Page 1 1
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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 1236 By: McCall of the House
and
McCortney of the Senate
An Act relating to civil procedure; amending 12 O.S.
2021, Section 1438, which relates to costs and fees;
providing that a court in certain circumstances shall
award expenses which are directly incurred in
defending against a legal action; and providing an
effective date.
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to the Oklahoma Citizens
Participation Act; amending 12 O.S. 2021, Section
1438, which relates to costs and fees; au thorizing
award of certain expenses; authori zing imposition of
sanctions under certain circumstan ces; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1438, is
amended to read as follows:
Section 1438. A. If the court order s dismissal of a legal
action under the Oklahoma Citizens Participation Act, the court
shall may award to the moving party:
ENGR. S. A. TO ENGR. H. B. NO. 12 36 Page 2 1
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1. Court costs, reasonable attorney fees and other expenses
incurred in defending against the legal action as justice and equity
may require; and
2. Sanctions against the party who brought the legal action as
the court determines sufficient to deter the p arty who brought the
legal action from bringing similar actions described in the Oklahoma
Citizens Participation Act .
B. If the court finds that a motion to dismiss filed under th e
Oklahoma Citizens Participation Act is frivolous or solely intended
to delay, the court may award court costs and reasonable at torney
fees to the responding party.
SECTION 2. This act shall become effective November 1, 2023.”
Passed the Senate the 17th day of April, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 1236 By: McCall of the House
and
McCortney of the Senate
An Act relating to civil procedure; amending 12 O.S.
2021, Section 1438, which relates to costs and fees;
providing that a court in certain circumstances shall
award expenses which are directly incurred in
defending against a legal action; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 12 O.S. 2021, Section 1438, is
amended to read as follows:
Section 1438. A. If the court orders dismissal of a legal
action under the Oklahoma Citizens Participation Act, the court
shall award to the moving party:
1. Court costs, reasonable attorney fees and other expenses
which are directly incurred in defending against the legal action as
justice and equity may require; and
2. Sanctions against the party who brought the legal actio n as
the court determines sufficient to deter the party who brought the
legal action from br inging similar actions described in the Oklahoma
Citizens Participation Act.
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B. If the court finds that a motion to dismiss filed under the
Oklahoma Citizens Parti cipation Act is frivolous or solely intended
to delay, the court may award court costs and r easonable attorney
fees to the responding party.
SECTION 4. This act shall become effective November 1, 2023.
Passed the House of Representatives the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate