STAND. COM. REP. NO. 2670

                                   Honolulu, Hawaii
                                                     , 2000

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




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2001, S.D. 1, entitled: 

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

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to require the State to indemnify and defend a county in
litigation based on acts or omissions of county lifeguards
working at State beach parks under an agreement between the State
and a county.

     Your Committee finds that the State has a strong interest in
providing lifeguards to the users of both State and county beach
parks.  Your Committee further finds that this measure will
encourage counties to provide lifeguard services by agreement
with the State, because it will reassure the counties that they
will not face costly litigation as a result of providing
lifeguard services.

     Testimony in support of this measure was submitted by the
Board of Land and Natural Resources, the Office of the Mayor,
County of Maui, two members of the Maui County Council, two
members of the Hawaii County Council, a member of the Kauai
County Council, the Emergency Services Department, City and
County of Honolulu, the Department of Parks and Recreation,
County of Hawaii, the Office of the County Attorney, County of
Kauai, the Kauai Fire Department, the Kauai Economic Development
Board, Wilcox Health System, the Kauai Center for Holistic

 
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                                   STAND. COM. REP. NO. 2670
                                   Page 2


Medicine and Research, Hale Kauai Ltd., Rosa's Supply, Kauai
Mortgage Co., Inc., Hyatt Regency Kauai, Outrigger Kaua'i Beach,
Princeville Resort, Holiday Inn SunSpree Resort, Tropical
Tantrum, Kawailoa Development, Goodfellow Bros., Inc., Otsuka's
Home Center, the Hawaiian Lifeguard Association, Kauai Paradise
Tours, Smith's Motor Boat Service, and twelve individuals.
Testimony in opposition to this measure was submitted by the
Attorney General.

     Upon further consideration, your Committee has amended this
measure by returning it to its original form, which would require
the State to defend and indemnify a county in litigation based
on:

     (1)  The acts and omissions of county lifeguards working at
          either a State beach park or a county beach park
          operated under a license or lease from the State or by
          executive order; or

     (2)  A natural or unnatural condition at a State beach park
          or a county beach park operated under a license or
          lease from the State or by executive order.

     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 S.B. No.
2001, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 2001, S.D.
2.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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