STAND. COM. REP. NO. 65-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 1767
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B.
No. 1767 entitled: 

     "A BILL FOR AN ACT RELATING TO HIGHWAYS,"

begs leave to report as follows:

     The purpose of this bill is to assuage traffic delays caused
by highway obstructions by granting tort liability immunity to
state and county employees by amending chapter 286, Hawaii
Revised Statutes(HRS).  

     Your Committee finds that under current law, state and
county workers may be found liable for damages incurred while
moving road obstructions.  Your Committee further finds that
giving the Department of Transportation(DOT) immunity when moving
stalled vehicles will expedite the process of clearing blocked
highways.  

     Testimonies in support of this bill were received from the
DOT and the Honolulu Police Department.  Consumer Lawyers of
Hawaii voiced opposition regarding this bill.

     Upon further consideration, your Committee deleted the
substance of the bill and inserted provisions that would only
limit the liability of the state and its employees in specified
instances.  Specifically, this bill would:

     (1)  Grant DOT tort liability immunity for the removal of
          obstructions from state highways;

 
 
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     (2)  Make the owner and carrier of obstructions jointly and
          severally liable for reimbursing DOT for costs of
          removal and disposition;

     (3)  Allow DOT to assist stranded motorists to protect
          public safety or improve traffic flow;

     (4)  Make the person receiving assistance and the registered
          owner or owners of the vehicle involved jointly and
          severally liable for reimbursing DOT for costs of
          services relating to assisting stranded motorists; and 

     (5)  Require DOT to report annually to the Legislature on
          related expenditures and revenues.

     As affirmed by the record of votes of the members of your
Committee on Transportation that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
1767 as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 1767, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation,



                                   ______________________________
                                   KENNETH T. HIRAKI, Chair