Bill
Bill > S1325
summary
Introduced
02/12/2024
02/12/2024
In Committee
02/26/2024
02/26/2024
Crossed Over
Passed
Dead
04/12/2024
04/12/2024
Introduced Session
2024 Regular Session
Bill Summary
RELATING TO THE UNIFORM PUBLIC EXPRESSION PROTECTION ACT; AMENDING TITLE 6, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 37, TITLE 6, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO PROVIDE SCOPE, TO PRO- VIDE FOR A SPECIAL MOTION FOR EXPEDITED RELIEF, TO PROVIDE FOR A STAY IN CERTAIN INSTANCES, TO PROVIDE FOR A HEARING, TO PROVIDE FOR PROOF TO
AI Summary
This bill proposes to establish the Uniform Public Expression Protection Act in Idaho. The key provisions of the bill include:
1. Defining the scope of the act, which applies to certain causes of action against individuals based on their communication in governmental proceedings, on matters of public concern, or their exercise of free speech and other constitutional rights. The act does not apply to actions against governmental entities or primarily commercial entities.
2. Allowing a party to file a special motion for expedited relief to dismiss a cause of action covered by the act within 60 days of being served. This triggers an automatic stay of other proceedings between the parties.
3. Establishing procedures for the court to hear and rule on the special motion, including considering evidence that could be used for a summary judgment motion.
4. Requiring the court to dismiss the cause of action if the moving party shows the act applies and the responding party fails to establish a prima facie case or that there is no genuine issue of material fact.
5. Allowing the moving party to appeal an order denying the special motion, and providing for the award of costs, attorney's fees, and expenses to the prevailing party.
6. Stating that the act should be broadly construed to protect constitutional rights and that it applies to civil actions filed on or after January 1, 2025.
Committee Categories
Justice
Sponsors (0)
No sponsors listed
Other Sponsors (1)
Judiciary and Rules Committee (Senate)
Last Action
Filed in Office of the Secretary of Senate (on 02/29/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://legislature.idaho.gov/sessioninfo/2024/legislation/S1325/ |
| BillText | https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2024/legislation/S1325.pdf |
| Fiscal Note/Analysis - Statement of Purpose / Fiscal Note | https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2024/legislation/S1325SOP.pdf |
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