STAND. COM. REP. NO. 1125-24

Honolulu, Hawaii

, 2024

RE: S.B. No. 2683

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2683, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DEFAMATION,"

begs leave to report as follows:

The purpose of this measure is to protect individuals who make claims of sexual misconduct from defamation lawsuits unless the claims are made with malice.

Your Committee received testimony in support of this measure from the Kapalama Neighborhood Security Watch. Your Committee received comments on this measure from the Hawaiʻi Civil Rights Commission.

Your Committee finds that reporting an incident of sexual assault, sexual harassment, or sex discrimination comes with fear of retaliation, such as a defamation lawsuit. This measure addresses the chilling effect that threats of lawsuits may have on survivors of sexual assault, sexual harassment, or sex discrimination by providing additional protections for the good-faith reporting of such claims.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2683, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2683, S.D. 1, H.D. 1, and be referred to your Committee on Finance.

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

____________________________

DAVID A. TARNAS, Chair