CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. NO.136

Honolulu, Hawaii

, 2002

RE: S.B. No. 2068

S.D. 2

H.D. 2

C.D. 1

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 on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2068, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO SCHOOL REPAIR AND MAINTENANCE,"

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 bill is to:

(1) Continue funding for a position in the Department of Accounting and General Services (DAGS) to coordinate public and private efforts to repair and maintain public schools; and

(2) Indemnify from liability construction professionals who perform services for Helping Hands Hawaii, through its project, Hawaii 3R's, to repair and maintain schools.

Your Committee finds that the Hawaii 3R's project has provided schools with repair and maintenance services very economically while bringing the school community together. The continuation of the vital DAGS position will allow these worthy efforts to continue. However, your Committee notes that providing blanket indemnification will expose the State to significant liability and potential costs.

Accordingly, your Committee has amended this bill by:

(1) Deleting the indemnification provisions; and

(2) Affording volunteer status and protection from liability under Chapter 90, Hawaii Revised Statutes, to providers of construction or project-related services through 3R's.

In addition, due to the lack of available funding, your Committee on Conference has amended this bill by deleting the continued funding for the DAGS position.

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. 2068, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2068, S.D. 2, 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

____________________________ KEN ITO, Co-Chair		____________________________ NORMAN SAKAMOTO, Chair
____________________________ NATHAN SUZUKI, Co-Chair		____________________________ CAL KAWAMOTO, Co-Chair
		____________________________ BRIAN T. TANIGUCHI, Co-Chair