STAND. COM. REP. NO. 1316-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2001
                                     S.D. 2




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 2001, S.D. 2, entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to:

     (1)  Amend the definition of "employees of the State" to
          include persons employed by counties as lifeguards who
          provide lifeguard services at beach parks operated by
          the counties under licenses or leases from the State or
          pursuant to executive orders; and

     (2)  Requires the State to defend and indemnify the counties
          against all damages in certain civil actions against
          the counties involving those parks.

     Testimony in support of this measure was received from the
County of Kauai Office of the Mayor, County of Kauai Office of
the County Clerk, Office of the County Attorney, County of Kauai,
Kauai Fire Department, Kaua`i Chamber of Commerce, County of Maui
Office of the Mayor, County of Maui County Council, County of
Hawaii County Council, Hyatt Resorts, Senter Petroleum, Inc.,
Wilcox Health System, Textron Systems Kauai, Kapaa Business
Association, Kikiaola Land Company, Limited, West Kauai Community
Development Corporation, and several concerned individuals.
Testimony in opposition to this measure was received from the
State Board of Land and Natural Resources and Attorney General.
Testimony was also received from The Consumer Lawyers of Hawaii.

 
                                 STAND. COM. REP. NO. 1316-00
                                 Page 2

 

     Your Committee finds that the State has a strong interest in
placing lifeguards at both State and county beach parks, as one
of the foremost concerns of the Legislature is the welfare and
safety of the people of Hawaii and its visitors.

     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. 2001, S.D. 2, and recommends that it pass
Second Reading and be placed on the calendar for Third Reading.

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



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair