STAND. COM. REP. NO.1230

Honolulu, Hawaii

, 2001

RE: S.B. No. 759

S.D. 1

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 759, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TORT ACTIONS,"

begs leave to report as follows:

The purpose of this measure is to simplify the procedures and reduce the costs associated with claims involving joint tortfeasors by:

(1) Establishing a new joint tortfeasor release statute that includes the right of contribution;

(2) Repealing the existing joint tortfeasor release statute and right of contribution statute; and

(3) Establishing a good faith settlement procedure for joint tortfeasors and co-obligors.

The Consumer Lawyers of Hawaii, three claims managers, and an attorney in private practice testified in support of the measure. The Hawaii Defense Lawyers Association commented on the bill.

Your Committee finds that the measure is the product of a collaborative effort between insurers and attorneys to simplify the procedures and reduce the costs associated with claims involving joint tortfeasors. The procedures proposed by the measure are based on a system that has been in existence in California for over ten years.

Your Committee has amended this measure by making technical, non-substantive changes for clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 759, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 759, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair