Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 741, H.D. 1, S.D. 1, entitled:

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to protect parties who fall victim to civil litigation lodged to stifle legitimate forms of civil and political expression.

Your Committee on Conference finds it appropriate to provide an expedited judicial mechanism to dismiss "strategic lawsuits against public participation" (SLAPPs) at an early stage of litigation, to spare unnecessary stress and expense.

Your Committee on Conference has amended this measure to reflect provisions contained in SLAPP legislation recently adopted in the state of Colorado, especially the definitions of "lack of substantial justification" and "strategic lawsuit against public participation." Your Committee on Conference has made technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 741, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 741, H.D. 1, S.D. 1, C.D. 1.