STAND. COM. REP. 791

Honolulu, Hawaii

, 2003

RE: H.B. No. 519

H.D. 1

 

 

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 H.B. No. 519 entitled:

"A BILL FOR AN ACT RELATING TO THE ELDER JUSTICE ACT,"

begs leave to report as follows:

The purpose of this bill is to protect dependent elders through the establishment of the Elder Justice Act. This bill expands civil penalties for the abuse, neglect, or exploitation of elders by, among other things:

(1) Making the person who caused personal injury, loss, or death to a dependent elder liable for three times the damages sustained by the dependent elder, plus attorneys' fees and costs; and

(2) Exempting from the $375,000 limit on damages for pain and suffering under section 663-8.7, Hawaii Revised Statutes, all damages awarded in cases where a dependent elder suffered personal injury or death caused by abuse or neglect.

The Department of the Prosecuting Attorney for the City and County of Honolulu, Advocates for Nursing Home Justice, American Association of Retired Persons Hawaii, Hawaii Family Forum, and three concerned individuals testified in support of the bill. The Executive Office on Aging and Christian Science Committee on Publication for Hawaii testified in support of the intent of the bill. The Hawaii Long Term Care Association offered comments.

Your Committee finds that expanded remedies are necessary to help ensure that dependent elders are protected from abuse and neglect.

Your Committee has amended this bill by making technical, nonsubstantive amendments for 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. 519, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 519, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair