CONFERENCE COMMITTEE REP. NO.37

Honolulu, Hawaii

, 2001

RE: S.B. No. 796

S.D. 1

H.D. 2

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 796, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO STATE AND COUNTY TORT LIABILITY,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to provide immunity for county lifeguards, and the county or State that employs them, from liability against damages arising from the acts or omissions of lifeguards while performing emergency lifeguard services.

Your Committee on Conference notes that the issue of providing lifeguards with immunity has been considered for several sessions. This measure represents the culmination of years of debate and consideration. Your Committee on Conference finds that the equities of the situation dictate that the lifeguards and the State or county have immunity so that lifeguards can at least be provided on the beaches. Testimony on this measure indicated that the prospect of large damage suits contributes to the costs of insurance and the reluctance to providing lifeguards. Your Committee believes that it is better to at least have lifeguards present on the beaches.

Your Committee on Conference has amended this measure by:

(1) Not including "inattention to duty" as an exception to liability for county lifeguard services;

(2) Applying the exception to liability for county lifeguard services even while the lifeguard is an "employee of the State"; and

(3) Adding that the statutory waiver of immunity from liability of the State for torts shall not supersede the exception to liability for county lifeguard services.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 796, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 796, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

EZRA KANOHO, Co-Chair

____________________________

ROD TAM, Chair

____________________________

ERIC G. HAMAKAWA, Co-Chair

____________________________

BRIAN KANNO, Co-Chair