STAND. COM. REP. 9

Honolulu, Hawaii

, 2003

RE: H.B. No. 243

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Human Services and Housing and Health, to which was referred H.B. No. 243 entitled:

"A BILL FOR AN ACT RELATING TO TORT LIABILITY,"

beg leave to report as follows:

The purpose of this bill is to hold the State liable for damages arising from a motor vehicle accident involving a vehicle driven by employees and volunteers of certain health- and human services-related nonprofit entities providing contractual services to the State.

Hale `Opio Kaua`i, Inc., and Hawaii Youth Services Network testified in support of this measure.

Your Committees find that many nonprofit organizations are required to provide transportation for clients under the terms of contracts with the State. However, your Committees were unable to determine the legal ramifications and financial impact on the State should the State be held liable for damages resulting from a motor vehicle accident involving nonprofit entities while under contractual obligations with the State.

Your Committees respectfully request that the Committee on Judiciary carefully review the legal and financial aspects of this issue.

 

As affirmed by the records of votes of the members of your Committees on Human Services and Housing and Health that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 243 and recommend that it pass Second Reading and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committees on Human Services and Housing and Health,

 

____________________________

DENNIS A. ARAKAKI, Chair

____________________________

MICHAEL PUAMAMO KAHIKINA, Chair