The bill S.151, introduced by Senator Clarkson, aims to establish a legal framework that allows defendants to file a special motion to strike in cases arising from their unpaid volunteer work for nonprofit organizations or governmental entities. The bill recognizes the increasing trend of meritless lawsuits that discourage volunteerism, which is vital for the functioning of these organizations. It emphasizes the public interest in promoting volunteer efforts and seeks to protect volunteers from potential liability that could deter their contributions.
Key provisions of the bill include the requirement for defendants to file the special motion within 60 days of the complaint, a stay on discovery proceedings until the court rules on the motion, and the court's obligation to hold a hearing within 30 days. The bill outlines the conditions under which the court must grant the motion, including the necessity for the plaintiff to demonstrate that the defendant acted outside their volunteer responsibilities or engaged in reckless or intentional misconduct. Additionally, the bill stipulates that if the motion is granted, the defendant is entitled to recover costs and attorney fees, while frivolous motions may result in costs awarded to the plaintiff. The act is set to take effect upon passage and includes a reporting requirement for the Court Administrator to assess the frequency and outcomes of such motions by July 1, 2026.