STAND. COM. REP. NO. 1093-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 3329

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Government Reform, to which was referred S.B. No. 3329, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC PARTICIPATION IN GOVERNMENT,"

begs leave to report as follows:

The purpose of this measure is to repeal chapter 634F, Hawaii Revised Statutes, the Citizen Participation in Government Act, and enact the Hawaii Public Expression Protection Act in its place.

Your Committee received testimony in support of this measure from the Commission to Promote Uniform Laws; League of Women Voters of Hawaii; Sierra Club of Hawai‘i; Climate Protectors Hawai‘i; UNITE HERE! Local 5 Hawaii; Common Cause Hawaii; Motion Picture Association, Inc.; Center for Biological Diversity; Mālama Pūpūkea-Waimea; American Civil Liberties Union of Hawai‘i; Hawaii's Thousand Friends; Uniform Law Commission; Kua‘āina Ulu ‘Auamo; and five individuals.

Your Committee finds that the enactment in 2002 of Hawaii's Citizen Participation in Government Act was intended to promote the rights of citizens to participate in government and to protect citizens from the chilling effect of retributive strategic lawsuits against public participation, or SLAPP suits. Your Committee further finds that to minimize the damage of SLAPP claims against citizens, Hawaii's anti-SLAPP law seeks to shift the burden of litigation back to the party bringing the SLAPP claim by providing for expedited judicial review, a stay on discovery, and sanctions. Your Committee notes that despite the intentions of the Legislature to broadly construe the original anti-SLAPP law, narrow court interpretation has rendered it ineffective at protecting citizen participation.

Your Committee also finds that in July 2020, the Uniform Law Commission drafted the Uniform Public Expression Protection Act to address SLAPP suits that are not solely based on public testimony at government proceedings. This measure incorporates the provisions of the uniform law, which will serve as a well-balanced, comprehensive update to Hawaii's anti-SLAPP law and includes broader protections for the public and clearer procedures for expedited dismissal of SLAPP claims.

Your Committee has amended this measure by:

(1) Changing its effective date to July 1, 2112, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purpose of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Government Reform that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3329, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3329, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Government Reform,

____________________________

ANGUS L.K. McKELVEY, Chair