Bill > HB363

This bill amends Kentucky Revised Statutes (KRS) 454.460 and 454.478, which are part of the Uniform Public Expression Protection Act (UPEPA), a law designed to protect individuals and entities from frivolous lawsuits that aim to silence their speech or actions on matters of public concern. Specifically, the bill introduces a definition for "filed in bad faith," which means presenting a legal document to the court for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase litigation costs, but it excludes arguments made in good faith for legal changes or claims that are well-grounded in fact and law after reasonable inquiry. The bill also modifies KRS 454.478 to require that before a court can award court costs, attorney's fees, and litigation expenses to a prevailing party in a UPEPA motion, the court must first make a specific finding that the opposing party's claim or motion was filed in bad faith.

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https://apps.legislature.ky.gov/record/26RS/hb363.html