Judiciary Committee adopts two amendments and reports anti‑SLAPP bill to House as amended substitute

The House Judiciary Committee voted 11–0 to report House Bill 4,045 to the full House as an amended substitute Tuesday after adopting two amendments that change exceptions in the bill, committee members said.

Supporters said the bill provides an expedited remedy for defendants facing strategic lawsuits against public participation (commonly called SLAPP suits); opponents warned some changes could undermine First Amendment protections.

Representative DeBoyer, who offered the first amendment, said her change "would place the government on the same footing as every other party in these types of litigation matters." DeBoyer moved to strike language from the bill that created exceptions for lawsuits brought by or against the government or government employees; she said the amendment would allow a government defendant or a citizen sued by a government actor access to the bill’s expedited dismissal process.

Representative Johnson later offered a second amendment with similar intent. Johnson said an "automatic stay is an automatic stay and there should be no exceptions for lawsuits filed by the government against its citizens in an attempt to chill the expression of their First Amendment rights." Both amendments were adopted by roll call.

Representative Hope said she would oppose the amendments, arguing that the exceptions at issue provide "protection against anti‑SLAPP motions" that the representative believes are necessary to protect individuals’ First Amendment rights.

Nicole Kiwe Biber of Clean Water Action addressed the committee during the public‑comment period in support of the bill as amended, saying organized public participation on environmental and water‑quality matters can be chilled by retaliatory litigation.

The committee adopted the two amendments and then voted to report House Bill 4,045, as amended, to the full House. The clerk recorded the final committee vote as 11 ayes, 0 nays, 0 passes. The committee record shows earlier roll calls adopting amendment number 1 and amendment number 2; each was recorded as adopted (roll‑call tallies recorded in the minutes). The bill will next appear on the House floor calendar.

Committee action distinguished formal votes from discussion: the amendments and the motion to report were recorded as formal actions; members’ remarks during debate were entered as discussion. Public commenters supporting the amended bill were noted on the committee record.

Rights and limits cited during debate included references to the U.S. Constitution’s First Amendment and to the bill’s statutory mechanics for expedited dismissal and stays of proceedings. Committee members asked staff for additional drafting and context before floor action.

House Bill 4,045 as amended was reported to the full House as an amended substitute with the committee recommendation.