STAND. COM. REP. NO.  721-08

 

Honolulu, Hawaii

                , 2008

 

RE:   H.B. No. 2204

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 2204 entitled:

 

"A BILL FOR AN ACT RELATING TO THE LIABILITY OF A FIREARM OWNER,"

 

begs leave to report as follows:

 

     The purpose of the bill is to protect government entities from being held to strict liability standards for "owning" firearms used by government employees, by removing government entities from the definition of "firearm owner" for the purpose of establishing liability.

 

     The County of Hawaii testified in support of this bill.  The Hawaii Rifle Association and Consumer Lawyers of Hawaii opposed this measure.

 

     Your Committee has amended the bill by:

 

     (1)  Inserting language specifying that, although government entities have been removed from the definition of "firearm owner" for absolute liability purposes, government entities shall otherwise still be liable in tort;

 

     (2)  Inserting a savings clause; and

 

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     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. 2204, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2204, H.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

 

____________________________

TOMMY WATERS, Chair