SB 2734

AN ACT TO ENACT THE "UNIFORM PUBLIC EXPRESSION PROTECTION ACT"; TO PROVIDE DEFINITIONS FOR THE ACT; TO PROVIDE THE CIRCUMSTANCES FOR WHICH THIS ACT APPLIES; TO PROVIDE THAT THIS ACT DOES NOT APPLY TO ANY CAUSE OF ACTION ASSERTED AGAINST A GOVERNMENTAL UNIT OR EMPLOYEE OF SAID UNIT ACTING OR PURPORTING TO ACT IN AN OFFICIAL CAPACITY; TO PROVIDE THAT THIS ACT DOES NOT APPLY TO ANY CAUSE OF ACTION ASSERTED BY A GOVERNMENTAL UNIT OR EMPLOYEE OF SAID UNIT ACTING OR PURPORTING TO ACT IN AN OFFICIAL CAPACITY TO ENFORCE A LAW TO PROTECT AGAINST AN IMMINENT THREAT TO PUBLIC HEALTH OR SAFETY; TO PROVIDE THAT THIS ACT DOES NOT APPLY TO ANY CAUSE OF ACTION ASSERTED AGAINST A PERSON PRIMARILY ENGAGED IN THE SELLING OR LEASING OF GOODS IF THE CAUSE OF ACTION ARISES OUT OF A COMMUNICATION RELATED TO THE PERSON'S SALE OR LEASE OF THE GOODS OR SERVICES; TO PROVIDE FOR THE TIMELINE TO RESPOND TO A PLEADING THAT ASSERTS A CAUSE OF ACTION FOR WHICH THIS ACT APPLIES; TO PROVIDE THE CIRCUMSTANCES WHEN PROCEEDINGS BETWEEN A MOVING PARTY AND A RESPONDING PARTY ARE STAYED UPON THE FILING OF A SPECIAL MOTION FOR EXPEDITED RELIEF TO DISMISS A CAUSE OF ACTION OR PART OF THE CAUSE OF ACTION; AND FOR RELATED PURPOSES; TO PROVIDE THAT A COURT SHALL HEAR A MOTION BROUGHT UNDER THIS ACT WITHIN SIXTY DAYS AFTER THE FILING OF THE MOTION UNLESS DISCOVERY IS ALLOWED OR FOR OTHER GOOD CAUSE; TO CLARIFY THAT IN RULING ON A MOTION UNDER SECTION 3 OF THIS ACT THAT A COURT SHALL CONSIDER ANY EVIDENCE THAT IT COULD CONSIDER IN RULING ON A MOTION FOR SUMMARY JUDGMENT UNDER THE MISSISSIPPI RULES OF CIVIL PROCEDURE; TO PROVIDE THE GROUNDS UPON WHICH A COURT SHALL DISMISS A CAUSE OF ACTION SUBJECT TO THIS ACT; TO PROVIDE FOR THE EFFECT OF A PREJUDICIAL OR NON-PREJUDICIAL VOLUNTARY DISMISSAL BY A RESPONDING PARTY ON THE RIGHT OF A MOVING PARTY TO OBTAIN COSTS AND ATTORNEY'S FEES; TO PROVIDE THAT A COURT SHALL RULE ON A MOTION UNDER SECTION 3 OF THIS ACT NOT LATER THAN SIXTY DAYS AFTER A HEARING ON SAID MOTION; TO AUTHORIZE A MOVING PARTY TO APPEAL FROM AN ORDER DENYING A MOTION IN WHOLE OR IN PART WHICH MUST BE FILED NOT LATER THAN THIRTY DAYS AFTER ENTRY OF THE ORDER; TO PROVIDE THE REQUIREMENTS FOR WHEN A COURT SHALL AWARD COSTS, REASONABLE ATTORNEY FEES, AND REASONABLE LITIGATION EXPENSES RELATED TO A MOTION UNDER SECTION THREE OF THIS ACT; TO PROVIDE THAT THIS ACT SHALL BE BROADLY CONSTRUED AND APPLIED TO PROTECT FIRST AMENDMENT RIGHTS GUARANTEED BY THE UNITED STATES CONSTITUTION AND THE MISSISSIPPI CONSTITUTION; TO PROVIDE THAT IN APPLYING AND CONSTRUING THIS ACT CONSIDERATION SHALL BE GIVEN TO THE NEED TO PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS SUBJECT MATTER AMONG STATES THAT ENACT IT; TO DIRECT CODIFICATION; AND FOR RELATED PURPOSES.