STAND. COM. REP. NO.636

Honolulu, Hawaii

, 2003

RE: S.B. No. 1041

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1041 entitled:

"A BILL FOR AN ACT RELATING TO LIABILITY,"

begs leave to report as follows:

The purpose of this measure is to provide limited liability from civil damages to hospitals operating a helicopter landing pad for medical evacuation helicopters or other helicopter medical transport services.

Your Committee received testimony opposing the bill as drafted from the Consumer Lawyers of Hawaii.

Your Committee finds that the bill as written unintentionally gives hospitals immunity from civil law suits for its negligent acts or omissions if the hospital operates a helicopter landing pad for medical evacuation helicopters. The actual intent is to provide immunity to community health centers for injuries attributable to operation of a helicopter landing pad. Therefore, your Committee amended the bill by inserting language provided by the Consumer Lawyers of Hawaii that:

(1) Replacing references to "hospital" with "community health center";

(2) Referencing the Health Center Consolidation Act of 1996 definition for "community health center";

(3) Rewording the section to provide limited liability to community health centers for personal injury resulting from the operation of the helicopter pad where the helicopter involved is a Military Assistance to Safety and Traffic helicopter;

(4) Including liability for wilful, malicious, or intentional acts or omissions; and

(5) Amending the title of the section to reflect these changes.

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. 1041, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1041, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

COLLEEN HANABUSA, Chair