THE SENATE                           S.C.R. NO.            95
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION
      REQUESTING AN ANALYSIS OF IMMUNITY FROM TORT LIABILITY
  AND RECOMMENDATIONS REGARDING SUCH PROVISIONS IN THE
  DEVELOPMENT OF PUBLIC POLICY.

 1        WHEREAS, existing provisions within the Hawaii Revised
 2   Statutes regarding immunity from tort liability are scattered,
 3   and do not individually reflect any comprehensive policy as to
 4   when such immunity should be granted; and
 5   
 6        WHEREAS, there are situations, such as providing immunity
 7   to government entities, which are more obviously justifiable
 8   from a public policy perspective; and
 9   
10        WHEREAS, each legislative session, various groups
11   representing a particular interest or activity, petition the
12   Legislature for immunity from a certain type of liability; and
13   
14        WHEREAS, the result has been that statutes regarding
15   immunity have been developed on a piecemeal basis and without
16   any broad examination of public policy as to when immunity
17   should be provided or denied; and
18   
19        WHEREAS, before granting further requests for immunity
20   from certain types of liability, it is desirable that a
21   comprehensive examination of existing law and public policy
22   considerations be conducted; now, therefore,
23   
24        BE IT RESOLVED by the Senate of the Twentieth Legislature
25   of the State of Hawaii, Regular Session of 1999, the House of
26   Representatives concurring, that the Hawaii State Bar
27   Association is requested to analyze current law as to immunity
28   from tort liability, including the identification of:
29   
30        (1)  all existing statutory immunities within the Hawaii
31             Revised Statutes;
32   
33        (2)  policy reasons for immunities in general; and
34   
35        (3)  activities of groups where the existence of
36             additional immunities would further public policy;
37   and
38   
39        BE IT FURTHER RESOLVED that the Hawaii State Bar
40   Association develop recommendations regarding the adoption of a
41   comprehensive policy on immunity from tort liability; and
42   

 
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                                  S.C.R. NO.            95
                                                        
                                                        

 
 1        BE IT FURTHER RESOLVED that faculty and students at the
 2   William S. Richardson School of Law at the University of
 3   Hawaii, are requested to provide assistance to the Hawaii State
 4   Bar Association in conducting its analysis and developing its
 5   recommendations regarding immunity from tort liability; and
 6   
 7        BE IT FURTHER RESOLVED that the Hawaii State Bar
 8   Association is requested to submit a report of its findings and
 9   recommendations to the Legislature twenty days prior to the
10   convening of the 2000 regular session; and
11   
12        BE IT FURTHER RESOLVED that certified copies of this
13   Concurrent Resolution be transmitted to the President of the
14   Hawaii State Bar Association and the Dean of the William S.
15   Richardson School of Law at the University of Hawaii.
16 
17 
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19                         OFFERED BY:  ____________________________