STAND. COM. REP. NO. 492-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2380
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 2380 entitled:
"A BILL FOR AN ACT RELATING TO APPELLATE JURISDICTION,"
begs leave to report as follows:
The purpose of this bill is to:
(1) Permit an appeal from an interlocutory order of the circuit or land court relating to injunctions and motions; and
(2) Permit an appeal from an order denying motions to dismiss on the grounds of sovereign immunity or absolute or qualified immunity.
The Department of the Attorney General testified in favor of the bill. The Consumer Lawyers of Hawaii opposed the measure.
Your Committee finds that the right to appeal orders relating to injunctions and immunity defenses is consistent with federal appellate procedures and would add efficiency to the litigation process in such matters.
Your Committee has amended the bill by:
(1) Incorporating the language of the proposed new section into existing statute, specifically section 641-1, Hawaii Revised Statutes;
(2) Clarifying the effect this proposed change would have on pending litigation; and
(3) Making technical, nonsubstantive changes for purposes of style and clarity.
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 H.B. No. 2380, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2380, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
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