Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred H.B. No. 741, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to provide immunity to any person who acts in furtherance of a constitutional right, and to establish litigation procedures for a violation of those righs.

Your Committee received testimony in support of this measure from a private citizen. The Attorney General submitted comments.

Testimony on this measure indicated that a county official was sued in five separate actions for acting in an official capacity. Those suits were dismissed and the official had to pay for the defense, as well as the county. This measure is intended to address the inequities of that situation.

Your Committee has amended this measure by making technical, nonsubstantive amendments to comport with proper drafting.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 741, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 741, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary.