Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1207, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to clarify that it is the Legislature's intent that changes made to section 304-6, Hawaii Revised Statutes, by Act 115, Sessions Laws of Hawaii 1998, not result in the abrogation of immunity enjoyed by the University of Hawaii under the Eleventh Amendment.

More specifically, this bill provides that, although the University of Hawaii is constitutionally autonomous, settlements of claims and judgments against the University may be payable from the moneys appropriated by the Legislature. The bill also provides for claims against the University to be dealt with in a manner comparable to how the Attorney General deals with claims against the State of Hawaii.

Your Committee specifically finds that neither Act 115, Session Laws of Hawaii 1998, nor the recent constitutional amendment conferring constitutional autonomy to the University of Hawaii were intended to abrogate the University of Hawaii's Eleventh Amendment immunity from lawsuits in federal court. Your Committee further finds that the University is an instrumentality of the State and, as such, continues to enjoy immunity from suit in federal court.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1207, S.D. 1, and recommends that it pass Third Reading.