STAND. COM. REP. NO. 3491

Honolulu, Hawaii

RE:    S.C.R. No. 208

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committees on Health and Judiciary and Labor, to which was referred S.C.R. No. 208 entitled:

"SENATE CONCURRENT RESOLUTION RECOGNIZING AND ACKNOWLEDGING THE PEOPLE OF KALAUPAPA AND THEIR FAMILIES FOR THEIR SACRIFICES, AND APOLOGIZING TO THE PEOPLE OF KALAUPAPA AND THEIR FAMILIES FOR ANY HARSH RESTRICTIONS THAT CAUSED THEM UNDUE PAIN AS THE RESULT OF GOVERNMENT POLICIES SURROUNDING LEPROSY,"

beg leave to report as follows:

     The purpose of this measure is to recognize and acknowledge the people of Kalaupapa and their families for their sacrifices, and apologizing to the people of Kalaupapa and their families for any harsh restrictions that caused them undue pain as the result of government policies surrounding leprosy.

     Your Committees received testimony in support of this measure from the International Association for Integration, Dignity, and Economic Advancement; Ka ‘Ohana O Kalaupapa; the Kawaihapai Ohana; and five individuals.

     Your Committees received testimony in opposition to this measure from the Department of Health.

     Your Committees find that it is imperative that we sincerely acknowledge and honor with great gratitude the sacrifices that the people of Kalaupapa and their families have made.  Your Committees recognize that the parties that testified on this resolution worked on compromise language.  However, some of the Committee members have concerns that what was requested by the proponents of this measure was recognition and appreciation for the sacrifices that the patients and families made, rather than an apology.

     Your Committees further find that the Department of Health testified in opposition to this measure due to potential state liability concerns that this measure may unintentionally pose. 

     Your Committees have amended this measure to address the concerns of the Department of Health, while upholding the intent of this measure by:

     (1)  Changing the title and language of the measure to clarify the Legislature's intent to offer gratitude to the people of Kalaupapa and their families for their great sacrifices and hardships as a result of their forced isolation, which at the time was believed to protect the public's health;

     (2)  Clarifying that the government has maintained Kalaupapa for the last remaining residents as long as they choose to remain there, and provides for their medical, food, and housing needs; and

     (3)  Clarifying that while the adoption of this measure does not confer any legal cause of action or any legal rights, remedies, relief, restitution, or reparations on any person, it nonetheless apologizes for the past actions against, and treatment of, past and current residents of Kalaupapa.

     As affirmed by the records of votes of the members of your Committees on Health and Judiciary and Labor that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 208, as amended herein, and recommend its adoption in the form attached hereto as S.C.R. No. 208, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Health and Judiciary and Labor,

____________________________ BRIAN T. TANIGUCHI, Chair

____________________________ DAVID Y. IGE, Chair