STAND. COM. REP. NO.1313

Honolulu, Hawaii

, 2001

RE: S.B. No. 796

S.D. 1

H.D. 2

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 796, S.D. 1, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this bill is to provide the State and counties with immunity from liability at beach parks by:

(1) Providing the State, counties, and their lifeguards with immunity from liability in the operation of beach parks and proffering of lifeguard services; and

(2) Repealing the sunset provision of Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999, which would repeal Act 190 on June 30, 2003.

The Department of the State Attorney General, Department of Land and Natural Resources, Mayor of Kauai, Kauai County Attorney, Kauai City Council, Kauai Office of Economic Development, Mayor of Hawaii, three members of the Maui County Council, Executive Assistant of the Maui Council, Ching Young Village, Coconut Coast Weddings and Photography, Kauai Chapter of the Hawaii Hotel Association, Hawaiian Lifeguard Association, Kikiaola Land Company, Ltd., Kauai Chamber of Commerce, Kauai Economic Development Board, Kauai Nursery & Landscaping, Inc., Kauai Visitors Bureau, Kawailoa Development, Poipu Beach Resort Association, Realty & Rentals, Inc., Sleeping Giant Realty, Inc., Smith's Motor Boat Service, Inc., Textron Systems Kauai, This Week Publications, West Kauai Community Development Corporation, and members of the public testified in support of the bill. Consumer Lawyers of Hawaii testified in opposition.

Your Committee has amended this bill by:

(1) Instating liability where damages arise from gross negligence, or wanton acts or omissions on the part of the State, counties, or their lifeguards;

(2) Clarifying that immunity from liability should apply only to county lifeguards serving at State beach parks; and

(3) Retaining the sunset provision of Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999.

Your Committee believes that these amendments are necessary because our system of negligence law serves an important public purpose in deterring irresponsible behavior. Thus, while your Committee recognizes that reducing governmental liability is a legitimate objective, the granting of absolute immunity is contrary to responsible public policy. As amended, this measure strikes an appropriate balance between protecting the State and counties from liability, and deterring negligent behavior.

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

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair