Committee rejects bill 10 49 after sponsor adopts media carve-out amendment; later postpones it indefinitely

Representative Bottoms brought House Bill 10 49 back for action and moved an amendment (L003) after explaining that he wanted to preserve a media First Amendment carve-out that he said was absent from other strike-below language. He read the carve-out language aloud, saying the bill should not apply "in connection with any news, public affairs, sports broadcaster account for the purpose of comment, criticism, scholarship, satire, or parody." Bottoms said he included the carve-out to avoid First Amendment challenges.

Vice Chair Clifford raised drafting questions about mens rea and other elements necessary to meet criminal-law standards, and committee members discussed whether the language as amended adequately addressed those legal drafting concerns. The committee adopted Amendment L003 without recorded opposition on the floor.

Representative Bottoms then moved House Bill 10 49 as amended to the Committee of the Whole with a favorable recommendation. The committee polled and the chair announced that House Bill 10 49 was lost on a vote of 9 to 2. After the failed motion, Vice Chair Clifford moved to postpone the bill indefinitely by reverse roll call; with no objection the motion carried and HB 10 49 was postponed indefinitely.

Next steps: HB 10 49 is postponed indefinitely; sponsors and committee staff may pursue redrafting outside of the committee.