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Missouri General Assembly· SB 1067Signed by Governor

Establishes the Uniform Public Expression Protection Act, which provides procedures for dismissal of actions based on public expression, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Missouri General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
SECOND REGULAR SESSION
                      [TRULY AGREED TO AND FINALLY PASSED]

           SENATE BILL NO. 1067

                       103RD GENERAL ASSEMBLY
                                        2026

5144S.01T

                       AN ACT

To repeal section 537.528, RSMo, and to enact in lieu thereof one new section relating to civil
             actions based on public expression.

Be it enacted by the General Assembly of the State of Missouri, as follows:

1          Section A. Section 537.528, RSMo, is repealed and one new

2 section enacted in lieu thereof, to be known as section 537.529,

3 to read as follows:

1          537.529. 1. This section shall be known and may be

2 cited as the "Uniform Public Expression Protection Act".

3          2. As used in this section, the following terms mean:

4          (1) "Governmental unit", any city, county, or other

5 political subdivision of this state, or any department,

6 division, board, or other agency of any political

7 subdivision of this state;

8          (2) "Person", an individual, estate, trust,

9 partnership, business or nonprofit entity, governmental

10 unit, or other legal entity.

11         3. Except as otherwise provided in subsection 4 of

12 this section, the provisions of this section shall apply to

13 any cause of action asserted in a civil action against a

14 person based on the person's:

15         (1) Communication in a legislative, executive,

16 judicial, administrative, or other governmental proceeding;

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
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17  (2) Communication on an issue under consideration or

18 review in a legislative, executive, judicial,

19 administrative, or other governmental proceeding; or

20  (3) Exercise of the right of freedom of speech or of

21 the press, the right to assemble or petition, or the right

22 of association, guaranteed by the Constitution of the United

23 States or the Constitution of the state of Missouri, on a

24 matter of public concern.

25  4. The provisions of this section shall not apply to a

26 cause of action asserted:

27  (1) Against a governmental unit or an employee or

28 agent of a governmental unit acting or purporting to act in

29 an official capacity;

30  (2) By a governmental unit or an employee or agent of

31 a governmental unit acting in an official capacity to

32 enforce a law to protect against an imminent threat to

33 public health or safety; or

34  (3) Against a person primarily engaged in the business

35 of selling or leasing goods or services if the cause of

36 action arises out of a communication related to the person's

37 sale or lease of the goods or services.

38 As used in this subsection, the term "goods or services"

39 shall not include any dramatic, literary, musical,

40 political, journalistic, or artistic work.

41  5. No later than sixty days after a party is served

42 with a complaint, crossclaim, counterclaim, third-party

43 claim, or other pleading that asserts a cause of action to

44 which this section applies, or at a later time upon a

45 showing of good cause, a party may file a special motion to

46 dismiss the cause of action or part of the cause of action.
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47  6. (1) Except as otherwise provided in this

48 subsection:

49  (a) All other proceedings between the moving party and

50 responding party in an action, including discovery and a

51 pending hearing or motion, are stayed on the filing of a

52 motion under subsection 5 of this section; and

53  (b) On motion by the moving party, the court may stay:

54  a. A hearing or motion involving another party if the

55 ruling on the hearing or motion would adjudicate a legal or

56 factual issue that is material to the motion under

57 subsection 5 of this section; or

58  b. Discovery by another party if the discovery relates

59 to a legal or factual issue that is material to the motion

60 under subsection 5 of this section.

61  (2) A stay under subdivision (1) of this subsection

62 remains in effect until entry of an order ruling on the

63 motion filed under subsection 5 of this section and the

64 expiration of the time to appeal the order.

65  (3) If a party appeals from an order ruling on a

66 motion under subsection 5 of this section, all proceedings

67 between all parties in an action are stayed. The stay

68 remains in effect until the conclusion of the appeal.

69  (4) During a stay under subdivision (1) of this

70 subsection, the court may allow limited discovery if a party

71 shows that specific information is necessary to establish

72 whether a party has satisfied or failed to satisfy a burden

73 imposed by subdivision (1) of subsection 9 of this section

74 and is not reasonably available without discovery.

75  (5) A motion for costs and expenses under subsection

76 12 of this section shall not be subject to a stay under this

77 section.
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78   (6) A stay under this subsection does not affect a

79 party's ability to voluntarily dismiss a cause of action or

80 part of a cause of action or move to sever a cause of action.

81   (7) During a stay under this section, the court for

82 good cause may hear and rule on:

83   (a) A motion unrelated to the motion under subsection

84 5 of this section; and

85   (b) A motion seeking a special or preliminary

86 injunction to protect against an imminent threat to public

87 health or safety.

88   7. (1) The court shall hear a motion under subsection

89 5 of this section no later than sixty days after filing of

90 the motion, unless the court orders a later hearing:

91   (a) To allow discovery under subdivision (4) of

92 subsection 6 of this section; or

93   (b) For other good cause.

94   (2) If the court orders a later hearing under

95 paragraph (a) of subdivision (1) of this subsection, the

96 court shall hear the motion under subsection 5 of this

97 section no later than sixty days after the court order

98 allowing the discovery, subject to paragraph (b) of

99 subdivision (1) of this subsection.

100  8. In ruling on a motion under subsection 5 of this

101 section, the court shall consider the parties' pleadings,

102 the motion, any replies and responses to the motion, and any

103 evidence that could be considered in ruling on a motion for

104 summary judgment.

105  9. (1) In ruling on a motion under subsection 5 of

106 this section, the court shall dismiss with prejudice a cause

107 of action or part of a cause of action if:

108  (a) The moving party establishes under subsection 3 of

109 this section that this section applies;
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110  (b) The responding party fails to establish as

111 provided in subsection 4 of this section that this section

112 does not apply; and

113  (c) Either:

114  a. The responding party fails to establish a prima

115 facie case as to each essential element of the cause of

116 action; or

117  b. The moving party establishes that:

118  (i) The responding party failed to state a cause of

119 action upon which relief can be granted; or

120  (ii) There is no genuine issue as to any material fact

121 and the party is entitled to judgment as a matter of law on

122 the cause of action or part of the cause of action.

123  (2) A voluntary dismissal without prejudice of a

124 responding party's cause of action, or part of a cause of

125 action, that is the subject of a motion under subsection 5

126 of this section does not affect a moving party's right to

127 obtain a ruling on the motion and seek costs, reasonable

128 attorney's fees, and reasonable litigation expenses under

129 subsection 12 of this section.

130  (3) A voluntary dismissal with prejudice of a

131 responding party's cause of action, or part of a cause of

132 action, that is the subject of a motion under subsection 5

133 of this section establishes for the purpose of subsection 12

134 of this section that the moving party prevailed on the

135 motion.

136  10. The court shall rule on a motion under subsection

137 5 of this section no later than sixty days after the hearing

138 under subsection 7 of this section.

139  11. A moving party may appeal within twenty-one days

140 as a matter of right from an order denying, in whole or in

141 part, a motion under subsection 5 of this section.
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142  12. On a motion under subsection 5 of this section,

143 the court shall award costs, reasonable attorney's fees, and

144 reasonable litigation expenses related to the motion:

145  (1) To the moving party if the moving party prevails

146 on the motion; or

147  (2) To the responding party if the responding party

148 prevails on the motion and the court finds that the motion

149 was frivolous or filed solely with intent to delay the

150 proceeding.

151  13. This section shall be broadly construed and

152 applied to protect the exercise of the right of freedom of

153 speech and of the press, the right to assemble and petition,

154 and the right of association, guaranteed by the Constitution

155 of the United States or the Constitution of the state of

156 Missouri.

157  14. In applying and construing this section,

158 consideration shall be given to the need to promote

159 uniformity of the law with respect to its subject matter

160 among states that enact it.

161  15. The provisions of this section shall apply to any

162 civil action filed, or any cause of action asserted in a

163 civil action, on or after August 28, 2026.

1              [537.528. 1. Any action against a person

2    for conduct or speech undertaken or made in

3    connection with a public hearing or public

4    meeting, in a quasi-judicial proceeding before a

5    tribunal or decision-making body of the state or

6    any political subdivision of the state is

7    subject to a special motion to dismiss, motion

8    for judgment on the pleadings, or motion for

9    summary judgment that shall be considered by the

10   court on a priority or expedited basis to ensure

11   the early consideration of the issues raised by

12   the motion and to prevent the unnecessary

13   expense of litigation. Upon the filing of any
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14  special motion described in this subsection, all

15  discovery shall be suspended pending a decision

16  on the motion by the court and the exhaustion of

17  all appeals regarding the special motion.

18           2. If the rights afforded by this section

19  are raised as an affirmative defense and if a

20  court grants a motion to dismiss, a motion for

21  judgment on the pleadings or a motion for

22  summary judgment filed within ninety days of the

23  filing of the moving party's answer, the court

24  shall award reasonable attorney fees and costs

25  incurred by the moving party in defending the

26  action. If the court finds that a special

27  motion to dismiss or motion for summary judgment

28  is frivolous or solely intended to cause

29  unnecessary delay, the court shall award costs

30  and reasonable attorney fees to the party

31  prevailing on the motion.

32           3. Any party shall have the right to an

33  expedited appeal from a trial court order on the

34  special motions described in subsection 2 of

35  this section or from a trial court's failure to

36  rule on the motion on an expedited basis.

37           4. As used in this section, a "public

38  meeting in a quasi-judicial proceeding" means

39  and includes any meeting established and held by

40  a state or local governmental entity, including

41  without limitations meetings or presentations

42  before state, county, city, town or village

43  councils, planning commissions, review boards or

44  commissions.

45           5. Nothing in this section limits or

46  prohibits the exercise of a right or remedy of a

47  party granted pursuant to another

48  constitutional, statutory, common law or

49  administrative provision, including civil

50  actions for defamation.

51           6. If any provision of this section or the

52  application of any provision of this section to

53  a person or circumstance is held invalid, the

54  invalidity shall not affect other provisions or

55  applications of this section that can be given

56  effect without the invalid provision or
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57  application, and to this end the provisions of

58  this section are severable.

59           7. The provisions of this section shall

60  apply to all causes of actions.]

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