Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2858 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify the limits of liability for government entities in tort actions.

Testimony in support of this measure was submitted by the Department of the Attorney General, Department of Transportation, five members of the County of Maui County Council, and one attorney. Testimony in opposition was submitted by the Consumer Lawyers of Hawaii.

Your Committee finds that the purpose of the Legislature in enacting section 663-10.5, Hawaii Revised Statutes, was to abolish government entities’ joint and several liability in any case under chapter 663, Hawaii Revised Statutes. However, your Committee finds that two circuit courts have interpreted section 663-10.9, relating to joint and several liability for noneconomic damages in motor vehicle accidents involving maintenance and design of highways, to apply to government entities, and these interpretations are incorrect. Your Committee believes that this interpretation creates confusion in the legal community regarding the application of section 663-10.5, and this measure clarifies that section.

Your Committee also finds that this measure amends Act 213, Session Laws of Hawaii 1994, to apply when a claim accrues, not when the government employee engaged in the alleged tortious act or omission. Your Committee further finds that there is confusion regarding this matter, and this measure will help to resolve this confusion.

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 S.B. No. 2858 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.