Vermont S 151: An act relating to the Twin State Voluntary Family and Medical Leave Insurance Plan

Bill Text

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VT LEG #382221 v.1
S.151 1
Introduced by Senator Clarkson 2
Referred to Committee on 3
Date: 4
Subject: Court procedure; special motion to strike; action arising from 5
volunteer work for nonprofit organization or governmental entity 6
Statement of purpose of bill as introduced: This bill proposes to permit a 7
defendant to file a special motion to strike in an action arising from the 8
defendant’s work as an unpaid volunteer for a nonprofit organization or a 9
governmental entity. 10
An act relating to special motions to strike in an action arising from unpaid 11
volunteer work for a nonprofit organization or governmental entity 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. APPLICATION AND CONSTRUCTION 14
In applying and construing this act, consideration shall be given to the 15
following: 16
(1) There has been a disturbing increase in meritless lawsuits having the 17
effect of discouraging the efforts of volunteers who dedicate their time and 18
energy to advancing the missions of Vermont’s nonprofit organizations and 19
Vermont governmental entities. 20

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(2) The willingness of volunteers to offer their services to Vermont’s 1
nonprofit organizations and Vermont governmental entities is deterred by the 2
potential for meritless liability actions against them. As a result: 3
(A) Vermont’s nonprofit organizations and Vermont governmental 4
entities have been adversely affected by the withdrawal of volunteers from 5
boards of directors and service in other capacities; and 6
(B) the contribution of these organizations and entities to their 7
communities has been diminished, resulting in fewer and higher cost programs 8
than would be obtainable if volunteers were participating. 9
(3) It is in the public interest to encourage continued volunteer efforts 10
for Vermont’s nonprofit organizations and Vermont governmental entities, and 11
such efforts should not be chilled through abuse of the judicial process. 12
Sec. 2. 12 V.S.A. § 1041a is added to read: 13
§ 1041a. UNCOMPENSATED VOLUNTEER WORK FOR NONPROFIT 14
ORGANIZATION OR GOVERNMENTAL ENTITY; SPECIAL 15
MOTION TO STRIKE 16
(a) A defendant in an action arising from the defendant’s uncompensated 17
volunteer work for a nonprofit organization or governmental entity may file a 18
special motion to strike under this section. 19
(b) A special motion to strike under this section shall be filed with the court 20
and served on all parties not more than 60 days after the filing of the 21

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complaint. A party may file a response to the motion not more than 15 days 1
after the motion is served on the party. The court may extend the time limits of 2
this subsection for good cause shown. 3
(c)(1) The filing of a special motion to strike under this section shall stay 4
all discovery proceedings in the action. Except as provided in subdivision (2) 5
of this subsection, the stay of discovery shall remain in effect until the court 6
rules on the special motion to strike. 7
(2) The court, on motion and for good cause shown, may order that 8
limited discovery be conducted for the purpose of assisting its decision on the 9
special motion to strike. 10
(d) The court shall hold a hearing on a special motion to strike not more 11
than 30 days after service of the motion unless good cause exists for an 12
extension. 13
(e)(1) The court shall grant the special motion to strike, unless the plaintiff 14
shows that: 15
(A)(i) the defendant was acting outside the scope of the defendant’s 16
responsibilities as a volunteer for the nonprofit organization or governmental 17
entity at the time of the act or omission; or 18
(ii) the alleged harm was caused by the defendant’s recklessness, 19
gross negligence, or intentional misconduct; and 20
(B) the defendant’s acts caused actual injury to the plaintiff. 21

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(2) In making its determination, the court shall consider the pleadings 1
and supporting and opposing affidavits stating the facts upon which the 2
liability or defense is based. 3
(f)(1) If the court grants the special motion to strike, the court shall award 4
costs and reasonable attorney’s fees to the defendant. If the court denies the 5
special motion to strike and finds the motion is frivolous or is intended solely 6
to cause unnecessary delay, the court shall award costs and reasonable 7
attorney’s fees to the plaintiff. 8
(2) Neither the court’s ruling on the special motion to strike nor the fact 9
that it made such a ruling shall be admissible in evidence at any later stage of 10
the case, and no burden of proof or degree of proof otherwise applicable shall 11
be affected by the ruling. 12
(g) An order granting or denying a special motion to strike shall be 13
appealable in the same manner as an interlocutory order u