128
THE SENATE                           S.C.R. NO.            
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION
  REQUESTING THE DEPARTMENT OF EDUCATION TO STUDY THE NEED FOR
    LEGISLATION TO ALLOW TEACHERS WHOSE CARS HAVE BEEN
    VANDALIZED TO PURSUE CLAIMS AGAINST THE STATE.



 1        WHEREAS, vandalism against school property appears to be
 2   on the increase in the last few years; and
 3   
 4        WHEREAS, there has also apparently been increased
 5   vandalism against teachers' motor vehicles that are parked on
 6   school property; and
 7   
 8        WHEREAS, teachers' vehicles may generally be more
 9   vulnerable to acts of vandalism than other public employees,
10   since they may be targeted by students who rebel against
11   authority figures; and
12   
13        WHEREAS, it is less likely that there will be high levels
14   of security at all school parking lots, especially those in
15   more rural areas; and
16   
17        WHEREAS, several teachers whose cars have been vandalized
18   have recently filed claims against the State, but all of their
19   claims have apparently been denied; and
20   
21        WHEREAS, according to the Attorney General, under
22   principles of tort law, liability against the State arises when
23   the State has acted unreasonably.  In the vast majority of
24   these cases, however, the vandalism that occurs is caused by
25   the criminal acts of third parties.  Generally, the State is
26   not liable for the criminal acts of third parties; and
27   
28        WHEREAS, there are, however, exceptions to this rule.  For
29   example, liability may arise in circumstances in which the
30   State might have had notice of ongoing criminal acts, but has
31   failed to warn the teacher who may be parking on those
32   premises; and
33   
34        WHEREAS, there is a need to protect teachers in order to
35   ensure a safe working environment and promote greater equity in
36   claims filed against the State; now, therefore,
37   

 
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                                  S.C.R. NO.            
                                                        
                                                        


 1        BE IT RESOLVED by the Senate of the Twentieth Legislature
 2   of the State of Hawaii, Regular Session of 2000, the House of
 3   Representatives concurring, that the Department of Education is
 4   requested to study the need for legislation to allow teachers
 5   whose cars have been vandalized to pursue claims against the
 6   State; and
 7   
 8        BE IT FURTHER RESOLVED that the Department of Education is
 9   requested to include in the study a review of the following
10   issues:
11   
12        (1)  How many teachers whose cars have been vandalized
13             have filed claims against the State in the last five
14             years, to the extent this information is available;
15   
16        (2)  The disposition of these cases;
17   
18        (3)  The reasons given for the denial of claims;
19   
20        (4)  An estimate as to how much it would cost on the
21             average to pay off the claims of teachers as compared
22             with the number of claims currently being filed by
23             teachers;
24   
25        (5)  The need for increased security at school parking
26             facilities;
27   
28        (6)  Any other statutory amendments that may be made,
29             including:
30   
31             (A)  Amendments to chapter 661, Hawaii Revised
32                  Statutes (actions by and against the State), to
33                  specifically authorize the filing of claims
34                  against the State by teachers whose cars have
35                  been vandalized at school parking facilities;
36                  and
37   
38             (B)  Amendments to section 302A-1153, Hawaii Revised
39                  Statutes (vandalism damage to public school
40                  property), including restitution to teachers
41                  whose vehicles have been vandalized by students;
42                  and
43   

 
 
 
 
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                                  S.C.R. NO.            
                                                        
                                                        


 1        (7)  Any other measures that can be taken to prevent
 2             teachers' cars from being vandalized;
 3   
 4   and
 5   
 6        BE IT FURTHER RESOLVED that the Attorney General is
 7   requested to provide assistance to the Department of Education
 8   with respect to the resolution of any legal issues that may
 9   arise in the course of the Department's study; and
10   
11        BE IT FURTHER RESOLVED that the Department of Education is
12   requested to report its findings and recommendations, including
13   any proposed implementing legislation, to the Legislature no
14   later than twenty days before the convening of the Regular
15   Session of 2001; and
16   
17        BE IT FURTHER RESOLVED that certified copies of this
18   Concurrent Resolution be transmitted to the Chairperson of the
19   Board of Education, the Superintendent of Education, and the
20   Attorney General.
21 
22 
23 
24                         OFFERED BY:  ____________________________