STAND. COM. REP. NO.703

Honolulu, Hawaii

, 2001

RE: H.B. No. 741

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 741 entitled:

"A BILL FOR AN ACT RELATING TO CIVIL LIABILITY,"

begs leave to report as follows:

The purpose of this bill is to establish a balanced and equitable process to resolve civil lawsuits intentionally filed to intimidate, punish, or censor persons or organizations that are engaged in the democratic process.

Testimony in support was submitted by the Hawaii Coalition Against Legalized Gambling and five members of the public.

Your Committee finds that public participation is essential to the fulfillment of our democratic principles. Your Committee further finds that civil lawsuits and counterclaims are being filed against individuals and organizations to intimidate, punish, or otherwise inhibit their participation in the political process.

Such lawsuits, called "strategic lawsuits against public participation" (SLAPPs), are typically dismissed only after the defendants are put to great expense and harassment. Therefore, your Committee finds that the passage of this bill is necessary to mitigate the inequity of SLAPPs and preserve the public's role in the democratic process.

Your Committee has amended this bill by:

(1) Clarifying the procedural rules that govern a motion to dismiss a SLAPP lawsuit; and

(2) Making technical, nonsubstantive amendments for clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 741, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 741, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair