CONFERENCE COMMITTEE REP. NO.66-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 796

S.D. 1

H.D. 2

C.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference to which was recommitted S.B. No. 796, S.D. 1, H.D. 2, C.D. 1, 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 the H.D. 2, of this measure was 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. 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 on Conference believes that the lifeguards and the State or county must have immunity so that lifeguards can at least be provided on the beaches.

The C.D. 1 version amended the H.D. 2 version 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.

The C.D. 1 provided 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 rescue, resuscitative, and other lifeguard services at state and county beaches and beach parks.

Upon reconsideration, your Committee on Conference has further amended this measure by:

(1) Deleting the "inattention to duty" language;

(2) Providing that immunity extends only to lifeguard services within the county lifeguard's scope of employment provided on the beach or in the ocean;

(3) Deleting the exception relating to the broad waiver of tort liability for the State because the State is given immunity in this measure specifically limited to acts or omissions of lifeguards while performing lifeguard services;

(4) Extending the sunset provision in Act 190, Session Laws of Hawaii 1996, from June 30, 2003, to June 30, 2007; and

(5) Adding a sunset provision to allow a reasonable time for the construction of lifeguard facilities, hiring and training of additional lifeguards and establishing sufficient experience to evaluate the need for continued immunity in the future.

The C.D. 2 is intended to provide the State and counties with qualified immunity so that lifeguards can be stationed at dangerous beaches, while appropriately limiting such immunity to acts or omissions committed while providing rescue or resuscitative actions or other emergency lifeguard services on the beach. The sunset provision will allow for an evaluation of this measure after sufficient experience has been obtained.

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, C.D. 1, 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. 2.

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

____________________________

DONNA MERCADO KIM, Co-Chair