STAND. COM. REP. NO.846

Honolulu, Hawaii

, 2001

RE: S.B. No. 995

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs, to which was referred S.B. No. 995 entitled:

"A BILL FOR AN ACT RELATING TO LITIGATION HIGHWAYS,"

beg leave to report as follows:

The purpose of this measure is to limit the liability of the State and counties by providing that these entities do not have a duty to compensate for vehicles that are speeding more than five miles per hour faster than the speed limit or speed advisory, whichever is less, nor do these entities have a duty to compensate when vehicles are driven by intoxicated persons.

Your Committees received testimony in favor of this measure from the Attorney General, Department of Transportation, Honolulu Department of Corporation Counsel, Honolulu Police Department, Hawaiian Electric Company, Inc., and Verizon Hawaii. Your Committee received testimony opposing this measure from the Consumer Lawyers of Hawaii.

Your Committees find that traffic violators who endanger the lives of people on our roadways should not gain any benefit from driving while impaired or speeding. Taxpayers should not bear the cost of the negligence or carelessness on the part of these drivers.

Your Committees adopted the recommendation of Hawaiian Electric Company, Inc. to provide similar protections to utilities and other parties who have facilities properly located within the public right of way.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 995, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 995, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs,

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DONNA MERCADO KIM, Chair

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CAL KAWAMOTO, Chair