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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 490 By: Bergstrom
AS INTRODUCED
An Act relating to civil procedure; creating the
Public Participation Protection Act; providing short
title; allowing special motion t o dismiss under
certain conditions; setting filing deadlines; staying
certain discovery; providing for e xpedited hearings;
requiring certain considerations by court;
authorizing certain appeal; providing for award of
certain costs and fees ; authorizing certain
sanctions; prohibiting the granting of a special
motion under certain situations; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 683.1 of Title 12, unless there
is created a duplication in numb ering, reads as follows:
This act shall be known and may be cited a s the “Public
Participation Protection Act ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 683.2 of Title 12, unless there
is created a duplication in numb ering, reads as follows:
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A. A party, other than a gove rnment agency, entity, or employee
acting in an official capacity, may file a special motion to dismiss
a claim under this section if the claim infringes upon that party ’s
exercise of the constitutional right of petition, free speech , or
association under the United States Constituti on or the Oklahoma
Constitution in connection with a public issue, which includes:
1. The right of free speech, which means a communication that
falls with the protection of the Constitution of the United States
or the Oklahoma Constitution;
2. The right to petition the government through :
a. a communication in connection with an issue under
consideration or review by a legislative, executive,
administrative, judicial, or other official body,
b. a communication that is reasonably li kely to encourage
consideration or review of an issue by a legislative,
executive, administrative, jud icial, or other official
body, or
c. a communication that is reasonably l ikely to enlist a
public participation in an effort to effect
consideration of an issue by a legislative, executive,
administrative, judicial, or other official body; or
3. The right of association, meaning a communication between
individuals who join together to collecti vely express, promote,
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pursue, or defend common interests that fall within the Constitution
of the United States or the Oklahoma Constitution.
B. A special motion to dismiss und er this section shall be
filed no later than sixty (60) days after the date of service of the
legal action. The court may extend the time to file a motion under
this section for good cause.
C. All discovery, ex cept specified and l imited discovery
relevant to the motion, in the proceeding shall be stay ed upon the
filing of a special motion to dismiss under this secti on. The stay
of discovery shall rem ain in effect until the entry of the order
ruling on the motion and any interlocutory appeal thereof .
Notwithstanding the stay imposed by this section, the court, on
motion by a party or the court ’s own motion and for good cause
shown, may order specified and limited discovery relevant to the
motion.
SECTION 3. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 683.3 of Title 12, unless there
is created a duplication i n numbering, reads as follows:
A. The court shall conduct an expedited hearing on the motion.
A hearing on the motion shall be held no later than thirty (30) days
after service of the motion, or thirty (30) days of ordering
discovery, unless docket conditions of the court require a later
hearing, upon a showing of good cause, or by agreement of the
parties.
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B. 1. If the moving party makes an initial sh owing by a
preponderance of the evidence that the legal action infringes u pon a
party’s exercise of the constitutional right to free speech, right
to petition, or right of association, the court shall grant the
motion to dismiss unless the party bringing the action can establish
a prima facie case for th e legal action.
2. Notwithstanding the provisions of this subsection, the court
shall grant the motion to dismiss if the moving party establish es
each element of a valid defense to the claim.
3. Notwithstanding the provisions of this subsection , if a
party against whom a special motion to dismiss is brought under this
title can show that the party’s claim is a constitutionally
protected public interest action and is used for effective political
expression or injury , or as means of communicating useful
information to the public, then the motion to dismiss shall be
denied.
4. The court shall conside r pleadings and supporting and
opposing affidavits stating the facts upon which the liability or
defense is based.
5. The court shall rule on a sp ecial motion to dismiss as soon
as possible, but no later than thirty (30) days after hearing the
motion. If the court does not rule on a motion to dismiss within
such period, the motion is considered to have been d enied by
operation of law.
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C. An order granting or denying a sp ecial motion to dismiss
shall be appealable.
SECTION 4. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 683.4 of Title 12, unless there
is created a duplication in numb ering, reads as follows:
A. If the court orders dismissa l of a legal action under this
act, the court shall award to the moving party court costs and
reasonable attorney fees including those incurre d on the motion.
B. If the court finds that a special motion to dismiss is
frivolous and solely intended to cause unnecessary delay, the court
shall award court costs and reasonable a ttorney fees to the party
opposing the motion.
SECTION 5. NEW LAW A ne w section of law to be codified
in the Oklahoma Statutes as Section 683.5 of Title 12, unless there
is created a duplication in numb ering, reads as follows:
A. The court shall not grant a speci al motion to dismiss under
this act in any action brough t to enforce an important
constitutional or statutory right by the general public, or in an
action seeking declarator y or injunctive relief against a government
entity, agency, or employee acting in an official capacity.
B. This act shall not apply to proceedings under Title 10 A or
Title 43 of the Oklahoma Statutes, or an application for a
protective order.
C. This act shall not:
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1. Apply to an enfor cement action, with the exception of an
action directed again st an individual or entity requesting
information in accordance with the Oklahoma Open Records Act that is
brought in the name of the state or a politica l subdivision of the
state by the attorney general, a distri ct attorney or county
attorney;
2. Result in findings or determinations that are admissible
into evidence at any later stage of the case or in any subsequent
action;
3. Affect or limit the authority of a court to award sanctions,
court costs, attorney fees or any other relief available under any
statute, court rule, or other authority;
4. Affect, limit, or preclude the right of the moving party to
any defense, remedy, immunity, or privilege otherwise authorized by
law;
5. Affect the substantive law governing any asserted claim; or
6. Create a private cause of action.
SECTION 6. This act shall become effective November 1, 2023.
59-1-510 TEK 1/17/2023 2:49:39 PM