Bill Text: HI HB1035 | 2010 | Regular Session | Amended

---

Bill Title: Appellate Jurisdiction

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1035 Detail]

Download: Hawaii-2010-HB1035-Amended.html

---

 

 

STAND. COM. REP. NO.  688

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 1035

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 1035 entitled:

 

"A BILL FOR AN ACT RELATING TO APPEALS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to grant a right to interlocutory appeal from court orders regarding injunctions and denials of sovereign, absolute, or qualified immunity.

 

     The Attorney General supported this bill.  The Judiciary and Hawaii Association for Justice opposed this measure.

 

     Upon further consideration, your Committee has amended this bill by:

 

(1)  Deleting the purpose section;

 

(2)  Restricting the scope of the bill to interlocutory appeals of right deriving from denials of motions seeking dismissal or judgment based solely upon sovereign immunity;

 

(3)  Deleting language that applied the measure to pending actions;

 

(4)  Inserting a savings clause; and

 

(4)  Changing the effective date to January 1, 2046, to encourage further discussion.

 

     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. 1035, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1035, H.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

		____________________________ JON RIKI KARAMATSU, Chair