Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2491 entitled:

begs leave to report as follows:

The purpose of this measure is amend Article I of the Hawaii State Constitution to provide explicit authority for the Legislature to allow a terminally ill adult patient to obtain from a physician a prescription for life-ending drugs.

Your Committee received testimony in support of this measure from the Office of the Governor and numerous concerned individuals. The American Center for Law and Justice of Hawaii, Hawaii Catholic Conference, Hawaii Family Forum, Hawaii Nurses' Association, Healthcare Association of Hawaii, Pro-Family Hawaii and approximately five concerned individuals submitted testimony in opposition to this bill.

A more thorough discussion of your Committee's rationale in adopting this measure appears in the House Standing Committee Report for House Bill No. 2487, H.D. 1, a Bill for an Act Relating to Death With Dignity, which was heard simultaneously with this bill.

Your Committee does not believe that the Hawaii constitution as written prohibits the legislature from enacting the provisions contemplated by H.B. No. 2487. As a precaution, however, your Committee passed this measure to keep it alive in this legislative session.

Your Committee has made technical, nonsubstantive amendments to this measure for purpose of 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 H.B. No. 2491, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2491, H.D. 1, and be placed on the calendar for Third Reading.