STAND. COM. REP. NO.  601-18


Honolulu, Hawaii

                , 2018


RE:   H.B. No. 2194

      H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii




     Your Committee on Judiciary, to which was referred H.B. No. 2194 entitled:




begs leave to report as follows:


     The purpose of this measure is to:


     (1)  Allow a court of inferior jurisdiction to certify to the Hawaii Supreme Court a question or proposition of law on which the court of inferior jurisdiction seeks instruction for the proper decision of a remanded case; and


     (2)  Require the Supreme Court to answer the question within 15 calendar days.


     The Land Use Research Foundation of Hawaii and one individual testified in support of this measure.  The Hawaii State Bar Association Appellate Section and three individuals testified in opposition.  The Judiciary provided comments.


     Your Committee has amended this measure by:


     (1)  Changing the number of calendar days within which the Supreme Court must answer the question to an unspecified number; and


     (2)  Changing its effective date to July 1, 2050, to facilitate further discussion.


     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2194, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2194, H.D. 1, and be referred to your Committee on Finance.



Respectfully submitted on behalf of the members of the Committee on Judiciary,