STAND. COM. REP. NO.1514

Honolulu, Hawaii

, 2001

RE: H.B. No. 451

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 451, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LIABILITY,"

begs leave to report as follows:

The purpose of this measure is to place upon the claimant the burden of proving specific elements of a claim in premises liability cases.

Your Committee received testimony in support of this measure from the Hawaii Restaurant Association, L&L Drive-Inn, McDonald's Restaurants, Hilton Waikoloa Village, Hawaii Food Industry Association, and two private citizens.

Your Committee prefers at this time to defer the law on premises liability to the Hawaii Supreme Court.

Your Committee has amended this measure by inserting the contents of S.B. No. 823, S.D. 1, H.D. 1, with additional technical amendments to limit the intent of this measure to department of education personnel. The amended measure:

(1) Requires the Department of Education to establish risk management and related programs for school administrators, teachers, and other school personnel; and

(2) Provides immunity for educational officers and teachers in the Department of Education who provide services to exceptional children and children in the Felix consent decree class in a manner that is not wilfully negligent.

Your Committee finds that teachers and educational officers in the Department of Education are being sued in their individual capacities for services that were provided for exceptional and Felix class students. Your Committee recognizes the difficult nature of their jobs and understands their concerns of being sued even when acting in good faith and doing their jobs to the best of their abilities. Your Committee finds it reasonable to immunize teachers and other educational officers from state court actions, except when their behavior is wilfully negligent. While action may still be brought against the Department of Education, teachers will have the support they need to do their jobs without fear of personal liability.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 451, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 451, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair