Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Education, to which was referred H.B. No. 1016 entitled:

begs leave to report as follows:

The purpose of this bill is to give Board of Education members the same immunity from civil liability that applies to members of appointed state boards.

Your Committee finds that the members of the elected Board of Education are compensated only at the rate of $100 per day for attending meetings. They receive no pay for preparing for meetings, visiting schools and libraries, attending public hearings, or meeting with community groups, parents, teachers, and students, all of which are essential to their jobs. These acts are essentially performed as volunteer activities.

The members of the Board of Education receive no salary as such which could be used to obtain liability insurance for acts and omissions that may occur during the course of their official activities. The State has recognized the need for protection from liability for acts occurring during their service to the State in the case of appointed boards by providing the members of these boards immunity from civil liability. The same protection has also been extended to one elected board, the Board of Trustees of the Employees' Retirement System. Fairness dictates that the same protection be extended to the Board of Education.

Testimony in support of the bill was received from a member of the Board of Education.

As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1016 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.