STAND. COM. REP. NO.561-02
RE: H.B. No. 1723
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1723 entitled:
"A BILL FOR AN ACT RELATING TO MOTOR VEHICLE SAFETY,"
beg leave to report as follows:
The purpose of this bill is to exempt an employee involved in an accident while driving a vehicle that does not belong to the employer during the normal course of employment, from the requirement under Chapter 287, Hawaii Revised Statutes (HRS), that the employer deposit sufficient security to cover the employee's liability for the accident or suffer a license suspension.
Testimony in support of this measure was received from the City and County of Honolulu.
Your Committees find that under the existing law, a person is exempt from the security or suspension provisions of chapter 287, HRS, if a vehicle involved in an accident is driven by an employee in the course of employment and is owned by the employer. However, in some situations an employer may not own the vehicle although it is driven by the employer's employee in the course of employment. Your Committees find that in this situation, the employee would be subject to the security or suspension requirement even if the employee is covered by the employer's insurance policy.
This bill corrects this situation by exempting employees involved in an accident during the normal scope of their employment from the security and suspension requirements of chapter 287, HRS, regardless of the ownership of the vehicle involved.
As affirmed by the records of votes of the members of your Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1723 and recommend that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs,
ERIC G. HAMAKAWA, Chair
KENNETH T. HIRAKI, Chair