Bill S.151, introduced by Senator Clarkson, aims to allow defendants to file a special motion to strike in legal actions arising from their unpaid volunteer work for nonprofit organizations or governmental entities. The bill addresses the increasing concern over meritless lawsuits that discourage volunteerism, which is vital for the functioning of these organizations in Vermont. It emphasizes the public interest in fostering volunteer efforts and seeks to protect volunteers from potential liability that could deter their participation.
The proposed legislation includes specific provisions for the special motion to strike, such as timelines for filing and responding to the motion, a stay on discovery proceedings, and criteria for the court's decision. If the court grants the motion, it will award costs and reasonable attorney fees to the defendant, while a frivolous motion will result in costs awarded to the plaintiff. The bill also outlines exceptions to its applicability, such as enforcement actions by the state and cases involving tortious interference with health care. Additionally, the Court Administrator is required to report on the frequency and outcomes of these motions by July 1, 2026. The act is set to take effect upon passage.