STAND. COM. REP. NO. 2163

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2760
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred S.B. No. 2760 entitled: 

     "A BILL FOR AN ACT RELATING TO LITIGATION INVOLVING
     HIGHWAYS,"

begs leave to report as follows:

     The purpose of this measure is to limit the State and
counties liability in highway litigation.

     Testimony in support of this measure was received from the
Attorney General, the Department of Transportation, GTE Hawaiian
Telephone, and Hawaiian Electric Company, Inc.  Testimony in
opposition to the measure was received from the Consumer Lawyers
of Hawaii.

     The testimony received by your Committee indicated that this
measure is in response to the decision of the Supreme Court of
Hawaii in Taylor v. Rice, et al. v. State of Hawaii, 91 Haw. 60,
71, 979 P.2d 1086, 1097 (1999).  In Taylor, the court expanded
the State's liability to drivers who do not exercise reasonable
care in driving on highways.  In doing so, it overruled a long-
standing and respected precedent of the same court and placed
upon the State duties which are unfair and inappropriate.

     Upon consideration of all pertinent issues and testimony
presented, your Committee finds that this measure will reinstate
the long-standing precedent of limiting the State and counties
liability in highway cases where drivers do not exercise

 
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reasonable care or choose to violate any section of Hawaii's
traffic laws.
   
     Your Committee has amended this measure by deleting the
section concerning the duty of the State in limited highway cases
to those who exercise reasonable care in driving upon them.  Your
Committee has also amended the measure by adding that the State
owes no duty to a person driving under the influence.

     As affirmed by the record of votes of the members of your
Committee on Transportation and Intergovernmental Affairs that is
attached to this report, your Committee is in accord with the
intent and purpose of S.B. No. 2760, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 2760, S.D. 1, and be referred to the Committee
on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation
                                   and Intergovernmental Affairs,



                                   ______________________________
                                   CAL KAWAMOTO, Chair

 
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