STAND. COM. REP. NO.654

Honolulu, Hawaii

, 2001

RE: S.B. No. 823

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 823, S.D. 1, entitled:

"A BILL FOR AN ACT RELATED TO LIMITED LIABILITY,"

begs leave to report as follows:

The purpose of this measure is to provide state immunity for educational officers and teachers who provide services to exceptional children and children in the Felix consent decree class, except where their behavior is willfully negligent.

Your Committee finds that teachers and educational officers are being sued in their individual capacities for the services they have provided for exceptional and Felix class students. Your Committee recognizes the difficult nature of the task of providing appropriate services for these students and understands the concern of the teachers about being sued when they are acting in good faith to the best of their abilities. Your Committee finds it reasonable that teachers and other educational officers should be immunized from state court actions, except when their behavior is willfully negligent. This will give the teachers the support they need to do their jobs well without unwarranted fear of personal liability.

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 S.B. No. 823, S.D. 1, and recommends that it pass Third Reading.

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

____________________________

BRIAN T. TANIGUCHI, Chair