STAND. COM. REP. NO.776

Honolulu, Hawaii

, 2003

RE: S.B. No. 91

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 91, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAYS,"

begs leave to report as follows:

The purpose of this measure is to authorize the Department of Transportation to remove personal property blocking state highways, and provide limited immunity to the Department from claims of damage to personal property.

Your Committee received testimony in support of this measure from the Honolulu Police Department, a Member of the Maui County Council, and Verizon Hawaii. The Consumer Lawyers of Hawaii did not oppose the measure in its current form but requested an amendment. The Department of Transportation opposed the measure.

Your Committee finds that this bill will facilitate a multi-agency program to improve highway safety and relieve traffic congestion by quickly removing obstructions. Additionally, the State is protected from personal property claims due to negligence. Your Committee amended the bill, however, by reinserting the gross negligence liability standard from the original bill.

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 S.B. No. 91, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 91, S.D. 2.

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

____________________________

COLLEEN HANABUSA, Chair