The South Carolina Citizens Participation Act is a proposed bill aimed at amending the South Carolina Code of Laws by adding Article 7 to Chapter 3, Title 15. This legislation establishes a procedure for parties involved in civil actions that are based on their exercise of free speech, the right to petition, or the right of association to seek dismissal of such actions. The bill defines key terms related to communication, governmental proceedings, and legal actions, and outlines the process for filing a motion to dismiss, including timelines for filing and responding to motions, as well as the suspension of discovery during the motion's consideration.
Additionally, the bill specifies that if a court dismisses a legal action under this article, it must award court costs and reasonable attorney's fees to the moving party, while also allowing for sanctions against parties who file frivolous motions. However, the act does not apply to certain legal actions, including those related to enforcement actions by the state, personal injury claims, and various other specified legal contexts. The act is set to take effect upon approval by the Governor.