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 S.B. No. 1201 entitled:

begs leave to report as follows:

The primary purpose of this measure is to authorize the Department of Transportation (DOT) to remove obstructions that interfere with the flow of traffic on state highways, without the prior consent of the owner of the obstructing object.

Your Committee received testimony in support of this measure from the DOT and the Honolulu Police Department. The Consumer Lawyers of Hawaii opposed this measure.

Your Committee finds that when an accident or other incident occurs on one of our highways, the lingering presence of stalled and disabled vehicles and related debris can cause traffic congestion and secondary crashes.

Your Committee supports this measure, which authorizes the DOT to act quickly to clear the road following a traffic incident, to protect the public safety and to ensure the continued smooth flow of traffic. This measure also authorizes the DOT to patrol the highways to assist stranded motorists, either by providing direct assistance or by contacting an outside agency on behalf of the motorist.

As originally proposed, this measure would have provided complete immunity for the State and its agents from any civil liability arising out of performance of the duties set forth in this measure. Based on the testimony of the Consumer Lawyers of Hawaii, however, your Committee amended this measure to limit the civil immunity provisions somewhat.

As amended, the State and its agents will be immune from civil liability for damage to personal property, except in cases of gross negligence, or wilful, wanton, reckless, or intentional conduct. This measure no longer contains any limit on the right to recover for personal injuries. Your Committee finds that these amendments strike an appropriate balance between the need to remove highway obstructions quickly, and public safety.

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 S.B. No. 1201, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1201, S.D. 1, and be placed on the calendar for Third Reading.