STAND. COM. REP. NO. 2794

Honolulu, Hawaii

RE:    S.B. No. 668

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 668, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE REGISTRY OF CLEAN AND SOBER HOMES,"

begs leave to report as follows:

     The purpose and intent of this measure is to provide immunity to the Department of Health and its employees, agents, and volunteers from liability for operating the clean and sober homes registry in good faith.

     Your Committee received written comments in support of this measure from the Department of Health, the Hawaii Paroling Authority, Hawaii Substance Abuse Coalition, and two individuals.  Your Committee received written comments in opposition to this measure from the Hawaii Association for Justice.

     Your Committee finds that stable housing is a critical component of substance abuse treatment and recovery.  Your Committee recognizes that the voluntary registry of clean and sober homes provides a helpful resource to agencies when referring clients to these homes.  However, your Committee believes that, even when operating in good faith, the Department of Health and registry staff risk exposure to liability if clients are referred to a clean and sober home listed on the registry and later experience tortious incidents at that home.  Accordingly, your Committee believes that this measure will prudently protect the State's fiscal interests in situations in which the Department of Health, its employees, and volunteers operate the registry in good faith.

     Your Committee respectfully requests that, should this measure be heard by other standing committees, those committees consider the concerns raised in the written comments opposed to this measure, and, if deemed advisable, address those concerns.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 668, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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JILL N. TOKUDA, Chair