Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 78, S.D. 2, entitled:

begs leave to report as follows:

The purpose of this bill as received is to authorize the Attorney General to seek civil penalties on behalf of the State in dependent elder abuse or neglect cases and provide for civil actions by dependent elders that may include enhanced penalties in the discretion of the court.

AARP Hawaii, Department of the Prosecuting Attorney of the City and County of Honolulu, and a concerned individual testified in support of the bill. Hawaii Long Term Care Association testified in support of the intent of the bill and opposed parts of the bill. Healthcare Association of Hawaii testified in support of the intent of the bill, opposed parts of the bill and offered amendments. The Department of the Attorney General testified in support of part of the bill and opposed other parts of the bill. A concerned individual offered comments.

Your Committee recognizes the need to provide additional remedies to deter elder abuse. However, your Committee was concerned about various aspects of the private civil remedy proposed in this bill, including the broad definition of "neglect," the standards upon which the court may impose treble damages, the absence of consideration given for the dependent elder's health care directives, and the possible impact this type of remedy will have on insurance costs for care facilities.

Your Committee has amended the bill by:

(1) Deleting the private civil remedy portion of the bill;

(3) Clarifying the definition of caregiver; and

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 78, S.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 78, S.D. 2,

H.D. 1.