STAND. COM. REP. NO.2506

Honolulu, Hawaii

, 2002

RE: H.B. No. 741

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 741, H.D. 1, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to provide immunity from civil liability to any person who acts in furtherance of a constitutional right, and to establish modified judicial procedures for persons against whom claims are brought due to their exercise of a constitutionally protected right.

Your Committee finds that one of the most precious rights afforded American citizens is the right to pursue the freedoms and privileges protected by the federal and state constitutions. Your Committee further finds that citizens are sometimes reluctant to pursue their constitutional rights for fear of being hit with a "strategic lawsuit against public participation" (SLAPP).

Your Committee finds that this measure provides an expedited procedure for disposing of claims brought against persons who petition a court for redress of a grievance under the federal or state constitutions. By expediting that process, the court can address the individual's underlying claims more quickly, and there is less chance that the individual will forgo the original lawsuit due to high court costs and attorney's fees.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 741, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair