Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Tourism and Intergovernmental Affairs, to which was referred S.B. No. 1 entitled:

begs leave to report as follows:

The purpose of this measure is to provide limited immunity for county lifeguard services and the employing county for the lifeguard's rescue, resuscitative, or other emergency services.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, City and County of Honolulu, County of Hawaii, County of Kauai, Maui County Council, Kona-Kohala Chamber of Commerce, Hawaiian Lifeguard Association, and Life of the Land. The Department of the Attorney General gave oral testimony in support. Consumer Lawyers of Hawaii submitted testimony in opposition.

Your Committee finds that each year, the counties must expend hundreds of thousands of dollars in settlements, damages, attorneys' fees, and other costs arising from alleged injuries at county operated and owned beach parks. As a result, the counties must allocate resources otherwise intended to provide public services, to the detriment of the public dependent on these services.

Your Committee notes that this measure is also intended to address the concerns raised by the Governor in his veto of S.B. No. 2001, S.D. 1, passed by the 2000 legislature, which would have required the state attorney general to defend and indemnify the counties for liability claims arising out of the provision of county lifeguard services at certain county operated parks. In that veto message, the Governor instead suggested granting liability immunity to the counties for the provision of lifeguard services at county beach parks.

Your Committee finds that this measure will address both the concerns of the counties and the State. Your Committee has amended this measure to add a saving provision to ensure that rights, duties, penalties, and proceedings prior to the effective date of the Act are not affected.

As affirmed by the record of votes of the members of your Committee on Tourism and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1, S.D. 1, and be referred to the Committee on Judiciary.