STAND. COM. REP. NO. 970

Honolulu, Hawaii

RE:    H.B. No. 776

       H.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 776, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO GOVERNMENT TORT LIABILITY,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend section 662-5, Hawaii Revised Statutes, to authorize the State, when sued in a tort action, to demand a jury trial in the same manner and to the same extent as a private individual under like circumstances.

     Your Committee received testimony in support of this measure from the Department of the Attorney General.  The Hawaii Association for Justice submitted written comments on this measure.

     Your Committee finds that existing law provides that tort claims against the State are to be tried by the court without a jury unless the State and the individual bringing the claim agree to a jury trial.  Neither party has the right to unilaterally demand a jury trial.  Private individuals sued in a tort action may demand jury trials under existing law or may waive that right.  However, the State is not provided the same opportunity to demand or waive a jury trial in tort actions under like circumstances because the State does not have the same rights.

     A private individual, in consultation with the individual's attorney, is in the best position to determine whether the claim against the individual and the issue involved should be tried by a jury or a judge.  Because the State is supposed to be sued and held liable in the same manner and to the same extent as private individuals, your Committee further finds that the State ought to have the same right to demand jury trials.  This measure puts the State on equal footing with other private individuals sued in a tort action and an opportunity for consistent and equitable decisions and judgments.

     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. 776, H.D. 2, and recommends that it pass Second Reading 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