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2023 SESSION

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HB 1757 Immunity of persons; tort actions, assertion of immunity, attorney fees and costs.

Introduced by: Jeffrey Campbell-Resigned 7/14 | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Immunity of persons; tort actions; assertion of immunity; attorney fees and costs. Provides that a person shall be immune from tort liability if the tort claim is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person that are communicated to a third party; (ii) made at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body; or (iii) made by an employee against his employer and where retaliatory action against an employee by such employer is otherwise prohibited by law. The bill also provides that any person who prevails in such a legal action may be awarded reasonable attorney fees and costs. This bill is identical to SB 845.

SUMMARY AS INTRODUCED:

Immunity of persons; tort actions; assertion of immunity; attorney fees and costs. Provides that a person shall be immune from tort liability if the tort is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person that are communicated to a third party or (ii) made at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body. Current law specifies that such immunity to civil liability is for specific claims. The bill further provides that any order resolving a plea of immunity shall be treated like an interlocutory appeal. The bill allows for the recovery of reasonable attorney fees and costs when any assertion of immunity is denied and found to be in violation of the sanctions statute. This bill is a recommendation of the Boyd-Graves Conference.