STAND. COM. REP. 3079

Honolulu, Hawaii

, 2004

RE: H.B. No. 2378

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2378 entitled:

"A BILL FOR AN ACT RELATING TO THE SOVEREIGN IMMUNITY OF BOARDS AND COMMISSIONS,"

begs leave to report as follows:

The purpose of this measure is to clarify that all administratively attached boards and commissions are arms of the State of Hawaii and entitled to claim sovereign immunity to the same extent as the State itself.

Testimony in support of this measure was submitted by the Department of the Attorney General and the Hawaii Civil Rights Commission.

The State and its instrumentalities are immune from suit in federal court under the Eleventh Amendment to the United States Constitution. Recent litigation has analyzed the applicability of the Eleventh Amendment to boards and commissions. As a result of the litigation, variances were found in the descriptions for boards and commissions, as well as their powers and duties, that affect their entitlement to sovereign immunity.

Your Committee believes that this measure provides clarification that all administratively attached agencies are entities of the State and are covered by the state sovereign immunity, despite the variances in their powers or duties.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2378, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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

____________________________

COLLEEN HANABUSA, Chair