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. 2715 entitled:

begs leave to report as follows:

The purpose of this measure is to cap the amount of a supersedeas bond that a court may require a Tobacco Master Settlement Agreement (MSA) signatory, successor, or affiliate to post to obtain a stay of execution of judgment pending appeal.

Your Committee received testimony in support of this measure from Altria (formerly Philip Morris). The State Attorney General and the Coalition for Tobacco Free Hawaii testified in opposition to this measure.

Your Committee has amended this measure by:

While your Committee disfavors creating a special preference for one group of defendants in civil cases, your Committee does not wish to foreclose discussion of bond limits for MSA defendants because MSA payments provide funds nationwide.

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. 2715, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2715, H.D. 1, and be referred to the Committee on Finance.