Report Title:

Anti-SLAPP; Citizen Participation in Government

 

Description:

Amends the definition of Strategic Lawsuit Against Public Participation to include language regarding acts to further the constitutional right to petition.  (HB380 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

380

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to civil participation in government.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 634F-1, Hawaii Revised Statutes, is amended by amending the definition of "SLAPP" to read as follows:

     ""SLAPP" means a strategic lawsuit against public participation [and refers to a lawsuit] that lacks substantial justification or is interposed for delay or harassment, and [that is solely based on the party's public participation before a governmental body.] is in response to an act by a person done substantially in the furtherance of the person's constitutional right to petition under the United States Constitution or Constitution of the State of Hawaii, including seeking relief, influencing action, informing, communicating, and otherwise participating in the process of government to procure any governmental or electoral action, result, or outcome."

     SECTION 2.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2050.