2009 House Bill 5036

Prohibit SLAPP suits

Introduced in the House

June 3, 2009

Introduced by Rep. Kate Ebli (D-56)

To prohibit strategic lawsuits against public participation (SLAPP suits), which are filed against a person who communicates with a governmental unit, public official, or other person to seek relief, influence action, inform, communicate, and otherwise participate in the process of government.

Referred to the Committee on Judiciary

March 2, 2010

Reported without amendment

Without amendment and with the recommendation that the bill pass.

June 15, 2010

Referred to the Committee on Judiciary

July 21, 2010

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Aug. 19, 2010

Substitute offered

To replace the previous version of the bill with one that revises it to encompass suits like a widely reported one by a towing company against a college student who complained on university discussion site about its actions, and to clarify when a court must dismiss a SLAPP suit or has discretion. This version was subsequently superseded by another substitute with detail changes.

The substitute failed by voice vote

Substitute offered by Rep. Wayne Schmidt (R-104)

To replace the previous version of the bill with one that narrows the proposed ban to suits trying to stop communications on zoning law issues.

The substitute failed by voice vote

Substitute offered by Rep. Kate Ebli (D-56)

To replace the previous version of the bill with one that revises details but does not change the substance of the committee substitute as described above.

The substitute passed by voice vote

Amendment offered by Rep. Tom McMillin (R-45)

To cap potential sanctions imposed on the plaintiff or attorney pursuing a dismissed SLAPP suit at $250,000.

The amendment failed by voice vote

Amendment offered by Rep. Tonya Schuitmaker (R-80)

To strip out a provision that awards triple damages to the target of a dismissed SLAPP suit.

The amendment failed by voice vote

Amendment offered by Rep. Tonya Schuitmaker (R-80)

To strip out a provision authorizing punitive damages for the plaintiff and attorney in a dismissed SLAPP suit.

The amendment failed by voice vote

Amendment offered by Rep. Tom McMillin (R-45)

To cap at $250,000 a provision authorizing punitive damages for the plaintiff and attorney in a dismissed SLAPP suit.

The amendment failed by voice vote

Amendment offered by Rep. Tonya Schuitmaker (R-80)

To essentially insert into the bill the provisions of House Bills 6073 and 6363, which prohibit considering an expression of an expression of sympathy, compassion, commiseration, or a general sense of benevolence with regard to the pain, suffering, or death of an individual as evidence of liability in a medical malpractice lawsuit.

The amendment failed by voice vote

Passed in the House 68 to 34 (details)

Received in the Senate

Aug. 24, 2010

Referred to the Committee on Judiciary