STAND. COM. REP. 2618

Honolulu, Hawaii

, 2004

RE: S.B. No. 2856

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2856 entitled:

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

begs leave to report as follows:

The purpose of this measure is to clarify the discretionary function of the State's waiver of sovereign immunity.

Testimony in support of this measure was submitted by the Department of the Attorney General, County Council of the County of Maui, and two attorneys. Testimony in opposition to this measure was submitted by the Consumer Lawyers of Hawaii and one individual.

Your Committee finds that there is a need to clarify the discretionary function of the State's waiver of sovereign immunity for the torts of its employees in the State Tort Liability Act. This measure conforms the interpretation of Hawaii law to the Federal Tort Claims Act upon which it is based.

Your Committee has amended this measure to:

(1) Delete language that excepts negligent hires and supervision of employees and the catchall phrase "or any other tort" from tort liability;

(2) Remove language indicating that it was the Legislature's intent that all exceptions to the State Tort Liability Act be construed broadly; and

(3) Make technical, nonsubstantive changes.

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. 2856, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2856, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

COLLEEN HANABUSA, Chair