STAND. COM. REP. NO.1552

Honolulu, Hawaii

, 2001

RE: H.B. No. 1016

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1016 entitled:

"A BILL FOR AN ACT RELATING TO THE MEMBERS OF THE BOARD OF EDUCATION,"

begs leave to report as follows:

The purpose of this measure is to provide members of the Board of Education (BOE) with statutory immunity from civil liability resulting from official actions taken on behalf of the BOE.

Testimony in support of this measure was received by the Committee on Education from the Chairperson of the BOE.

Your Committee finds that under existing law, members of appointed state boards and commissions receive statutory immunity from civil liability for their official actions. Your Committee further finds that while members of the BOE are compensated for their attendance at meetings, they receive no regular salary.

Your Committee agrees that members of the Board of Education should be immune from civil liability for their official actions, just like members of other government boards and commissions. Your Committee notes that under section 26-35.5, Hawaii Revised Statutes, BOE members will still be subject to civil liability for actions taken with a malicious or improper purpose.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1016 and recommends that it pass Third Reading.

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

____________________________

BRIAN KANNO, Chair