STAND. COM. REP. NO.81

Honolulu, Hawaii

, 2001

RE: H.B. No. 519

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 519 entitled:

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

begs leave to report as follows:

The purpose of this bill is to limit the liability for highway accidents imposed on the State and counties by the Hawaii Supreme Court in Taylor-Rice v. State, 91 Haw. 60, 979 P.2d 1086 (1999), by relieving the State and the counties from the duty to make a highway reasonably safe for:

(1) Vehicles traveling in excess of ten miles over the speed limit or the speed advisory, whichever is less; or

(2) A vehicle operated by an individual under the influence of drugs or intoxicating liquor.

The bill further provides that the government's duty to make its highways reasonably safe extends only to drivers who exercise reasonable care in driving, and specifically excludes drivers who:

(1) Fall asleep at the wheel;

(2) Are intoxicated;

(3) Fail to exercise reasonable care in driving; or

(4) Otherwise lose control of their vehicle.

The Department of the Attorney General, Honolulu Police Department, and Department of the Corporation Counsel of the City and County of Honolulu submitted testimony in support of this measure. Verizon Hawaii and the Consumer Lawyers of Hawaii submitted testimony in opposition to the bill.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 519 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

 

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

____________________________

JOSEPH M. SOUKI, Chair