SB3329

THE SENATE	S.B. NO.	3329
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to public participation in government.

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

SECTION 1. Section 634F-1, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "governmental body" to read:

""Governmental body" includes a legislative, executive, or judicial branch, department, agency, instrumentality, official, employee, agent, or other person acting under color of law of the United States, a state, or subdivision of a state or other public authority."

2. By amending the definition of "public participation" to read:

""Public participation" means any oral or written testimony or public statement submitted or provided, or conduct expressed, in the public interest to a governmental body during the course of a governmental proceeding[.] or any other legislative, executive, or judicial forum, including public hearings; administrative hearings; submissions to a board, commission, or council; and judicial proceedings."

SECTION 2. Section 634F-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§634F-2[]] Required procedures; motion. Notwithstanding any law to the contrary, including rules of court, upon the filing of any motion to dispose of a claim in a judicial proceeding on the grounds that the claim is based on, relates to, or involves public participation and is a SLAPP lawsuit:

(1) The motion shall be treated as a motion for judgment on the pleadings, matters outside the pleadings shall be excluded by the court, and the court shall expedite the hearing of the motion;

(2) The moving party shall have a right:

(A) To an immediate appeal from a court order denying the motion; and

(B) To file an application for a writ of mandamus if the court fails to rule on the motion in an expedited fashion;

(3) Discovery by the responding party on the claim for which the motion to dispose has been filed shall be suspended, pending decision on the motion and appeals;

(4) The responding party shall:

(A) Without leave of court, have seven days to amend its pleadings to be pled with specificity, and shall include [~~such~~] any supporting particulars as are peculiarly within the supporting pleader's knowledge; and

(B) Have the burden of proof and persuasion on the motion;

(5) The court shall make its determination based upon the allegations contained in the pleadings;

(6) The court shall grant the motion and dismiss the judicial claim, unless the responding party has demonstrated that more likely than not, the respondent's allegations do not constitute a SLAPP lawsuit as defined in section 634F-1;

(7) Any governmental body to which the moving party's acts were directed or the attorney general in the case of a state governmental body, or the county attorney or corporation counsel in the case of a county governmental body may intervene to defend or otherwise support the moving party in the lawsuit;

(8) The court shall award a moving party who prevails on the motion, without regard to any limits under state law:

(A) Actual damages or $5,000, whichever is greater;

(B) Costs of suit, including reasonable attorneys' and expert witness fees, incurred in connection with the motion; and

(C) [~~Such~~] Any additional sanctions upon the responding party, its attorneys, or law firms as the court determines shall be sufficient to deter repetition of the conduct and comparable conduct by others similarly situated; and

(9) Any person damaged or injured by reason of a claim filed in violation of their rights under this chapter may seek relief in the form of a claim for actual or compensatory damages, as well as punitive damages, attorneys' fees, and costs, from the person responsible."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________