South Carolina H 5420: Rep. Thigpen retiring

Bill Text

2025-2026 Bill 5420 Text of Previous Version (Mar. 25, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5420

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"SOUTH CAROLINA CITIZENS PARTICIPATION ACT" BY ADDING ARTICLE 7 TO CHAPTER 3, 
TITLE 15 SO AS TO ESTABLISH A PROCEDURE BY WHICH A PARTY TO A CIVIL ACTION 
BASED ON THAT PARTY'S EXERCISE OF THE RIGHT OF FREE SPEECH, RIGHT TO PETITION, 
OR RIGHT OF ASSOCIATION MAY SEEK TO HAVE THE ACTION DISMISSED.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 3, Title 15 of the S.C. Code is amended by 
adding:

Article 7

South Carolina Citizens Participation Act

 Section 
15-3-900. This article may be sited as the "South Carolina Citizens 
Participation Act."

 Section 
15-3-910. As used in this article:

 (1) 
"Communication" includes the making or submitting of a statement or document in 
any form or medium, including oral, visual, written, audiovisual, or 
electronic.

 (2) 
"Exercise of the right of association" means to join together to collectively 
express, promote, pursue, or defend common interests relating to a governmental 
proceeding or a matter of public concern.

 (3) 
"Exercise of the right of free speech" means a communication made in connection 
with a matter of public concern.

 (4) 
"Exercise of the right to petition" means any of the following:

 (a) 
a communication in or pertaining to:

 (i) 
a judicial proceeding;

 (ii) 
an official proceeding, other than a judicial proceeding, to administer the 
law;

 (iii) 
an executive or other proceeding before a department of the state or federal 
government or a subdivision of the state or federal government;

 (iv) 
a legislative proceeding, including a proceeding of a legislative committee;

 (v) 
a proceeding before an entity that requires by rule that public notice be given 
before proceedings of that entity;

 (vi) 
a proceeding in or before a managing board of an educational or eleemosynary 
institution supported directly or indirectly from public revenue;

 (vii) 
a proceeding of the governing body of any political subdivision of this State;

 (viii) 
a report of or debate and statements made in a proceeding described by 
subsubitem (iii), (iv), (v), (vi), or (vii); or

 (ix) 
a public meeting dealing with a public purpose, including statements and 
discussions at the meeting or other matters of public concern occurring at the 
meeting;

 (b) 
a communication in connection with an issue under consideration or review by a 
legislative, executive, judicial, or other governmental body or in another 
governmental or official proceeding;

 (c) 
a communication that is reasonably likely to encourage consideration or review 
of an issue by a legislative, executive, judicial, or other governmental body 
or in another governmental or official proceeding;

 (d) 
a communication reasonably likely to enlist public participation in an effort 
to effect consideration of an issue by a legislative, executive, judicial, or 
other governmental body or in another governmental or official proceeding; and

 (e) 
any other communication that falls within the protection of the right to 
petition government under the Constitution of the United States or the 
Constitution of this State.

 (5) 
"Governmental proceeding" means a proceeding, other than a judicial proceeding, 
by an officer, official, or body of this State or a political subdivision of 
this State, including a board or commission, or by an officer, official, or 
body of the federal government.

 (6) 
"Legal action" means a lawsuit, cause of action, petition, complaint, 
cross-claim, or counterclaim or any other judicial pleading or filing that 
requests legal, declaratory, or equitable relief. The term does not include:

 (a) 
a procedural action taken or motion made in an action that does not amend or 
add a claim for legal, equitable, or declaratory relief;

 (b) 
alternative dispute resolution proceedings; or

 (c) 
postjudgment enforcement actions.

 (7) 
"Matter of public concern" means a statement or activity regarding:

 (a) 
a public official, public figure, or other person who has drawn substantial 
public attention due to the person's official acts, fame, notoriety, or 
celebrity;

 (b) 
a matter of political, social, or other interest to the community; or

 (c) 
a subject of concern to the public.

 (8) 
"Official proceeding" means any type of administrative, executive, legislative, 
or judicial proceeding that may be conducted before a public servant.

 (9) 
"Public servant" means a person elected, selected, appointed, employed, or 
otherwise designated as one of the following, even if the person has not yet 
qualified for office or assumed the person's duties:

 (a) 
an officer, em