STAND. COM. REP. NO. 1114

Honolulu, Hawaii

RE:    H.B. No. 439

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 439, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EVIDENCE,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend Rule 303 of the Hawaii Rules of Evidence by extending evidentiary presumptions to certain materials and information posted on government websites or purported to be posted by public authority on the Internet.

     Your Committee received testimony in support of this measure from the Hawaii Supreme Court Standing Committee on the Rules of Evidence.

     Your Committee finds that this measure will expand evidentiary presumptions imposing the burden of producing evidence to include materials and legal opinions posted on government websites. 

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 439, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 439, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

CLAYTON HEE, Chair