CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. 9

Honolulu, Hawaii

, 2003

RE: H.B. No. 980

H.D. 1

S.D. 1

C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 980, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CIVIL SETTLEMENTS,"

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 measure is to make clarifying and housekeeping amendments to the Uniform Contribution Among Tortfeasors Act (Act), to:

(1) Allow service of a petition for court approval of a good faith settlement by certified mail or by rules of court;

(2) Clarify that claims based on written indemnity agreements are not barred or dismissed by good faith settlements;

(3) Add a severability or savings provision to section 663-15.5, Hawaii Revised Statutes; and

(4) Make technical, nonsubstantive amendments for clarity and consistency in style and language.

It is the understanding of your Committee on Conference that interested parties, including representatives of the Hawaii Defense Lawyers Association, the Hawaii Insurers' Council, the Office of the Attorney General, and Consumer Lawyers of Hawaii anticipate working together to reach consensus on other provisions of the Act prior to the next legislative session. Accordingly, proposed amendments concerning appeals and verdict forms contained in the version of this measure as received were deleted.

Your Committee on Conference also amended this measure by making it effective upon its approval.

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 H.B. No. 980, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 980, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ COLLEEN HANABUSA, Chair		____________________________ ERIC G. HAMAKAWA, Chair