STAND. COM. REP. NO. 1581

Honolulu, Hawaii

RE: H.B. No. 357

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 357, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO STATUTE OF LIMITATIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to include any claim against the State founded upon article I, section 20, of the Hawaii State Constitution among other claims that are subject to the two-year statute of limitations.

Your Committee received written comments in support of this measure from the Department of Transportation, Department of the Attorney General, Department of Land and Natural Resources, and one individual.

Your Committee recognizes that in DW Aina Le'a Dev., LLC v. State Land Use Comm'n, 148 Haw. 396, 477 P.3d 836, 837 (2020), the Hawaii Supreme Court ruled that the statute of limitations for a regulatory taking is six years, pursuant to the State's "catch-all" statute of limitations under section 657-1(4), Hawaii Revised Statutes. Your Committee finds that the explicit establishment of a two-year statute of limitations applicable to all inverse condemnation actions against the State will clarify the timeframe within which a plaintiff is required to file a claim for this type of action against the State.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 357, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair