STAND. COM. REP. NO. 844

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 21
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
21 entitled: 

     "A BILL FOR AN ACT RELATING TO ATHLETIC CONTEST OFFICIALS,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to add injuring athletic contest officials to the offense of
assault in the second degree, and to provide a civil liability
exemption for athletic contest officials.

     Your Committee finds that violence against referees,
umpires, and other athletic contest officials is a perpetual
problem in the sports world, and that violent confrontations may
be on the rise.  Your Committee finds that organized leagues or
other sporting associations do have the power to sanction
athletes, coaches, fans, or teams that cause or participate in
such confrontations within the structure of the league,
ultimately to the extent of banning troublemakers from all
further participation.  However, your Committee finds that
sporting officials hired by the Department of Education should be
treated as educational officials for the purpose of the current
law.

     Testimony in support of this measure was submitted by the
National Federation Interscholastic Officials Association and the
Hawaii Football Officials Association.  Testimony in opposition
to this measure was submitted by the Office of the Public
Defender and Consumer Lawyers of Hawaii.

 
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                                   STAND. COM. REP. NO. 844
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     Upon further consideration, your Committee has amended this
measure by:

     (1)  Deleting the provision giving a civil liability
          exemption to athletic contest officials;

     (2)  Deleting the provision adding injury to an athletic
          contest official as a basis for assault in the second
          degree;

     (3)  Deleting portions of the purpose section to conform
          with the amendments made to this measure; and

     (4)  In the definition of an "educational worker," changing
          the requirement that the person be carrying out an
          educational function to a requirement that the person
          be carrying out an education-related function.

     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 S.B. No.
21, as amended herein, and recommends that it pass Second Reading
in the form attached hereto as S.B. No. 21, S.D. 1, and be placed
on the calendar for Third Reading.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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