STAND. COM. REP. NO. 1009
Honolulu, Hawaii
, 2001
RE: S.B. No. 796
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 796 entitled:
"A BILL FOR AN ACT RELATING TO STATE AND COUNTY TORT LIABILITY,"
begs leave to report as follows:
The purpose of this measure is to provide immunity from liability for the State and counties and their lifeguards in the operation of a beach park, or in providing lifeguard services except for damages arising out of gross negligence or any wanton act or omission of the State, or county, or its lifeguards.
Your Committee received testimony in support of this measure from the Attorney General, Board of Land and Natural Resources, County of Kauai, Maui County Council, Honolulu Corporation Counsel, Mayor of Hawaii, County of Hawaii, Maui Corporation Counsel, Kauai Office of Economic Development, Hawaii State Association of Counties, Kauai Chamber of Commerce, Princeville Resort, Textron Systems Kauai, Kauai Visitors Bureau, Hawaiian Lifeguard Association, Kauai Economic Development Board, a Kauai Council member, four Maui Council members, and a private citizen. Testimony in opposition was received from the Consumer Lawyers Association of Hawaii.
Your Committee finds that there is a need for lifeguard services at certain beach parks and adjacent beaches, especially on the island of Kauai. Currently, Hawaii's law provides for the posting of certain warning signs at beach parks which gives the State and counties substantial liability protection against lawsuits for injuries sustained because of strong currents or dangerous shore break. However, the current law does not give any immunity to the counties or the State for negligence of lifeguards in the scope of employment.
Your Committee amended this measure by:
(1) Clarifying the immunity of county lifeguards as to any act or omission while providing rescue, resuscitative, or other emergency service in the scope of employment as a county lifeguard;
(2) Clarifying that the immunity applies to a county lifeguard designated as an employee of the State to provide lifeguard services at a state beach park under an agreement between the State and the lifeguard's employing county; and
(3) Changing the effective date to July 1, 2050, in the interest of promoting further consideration and discussion on this measure.
Your Committee has received testimony that if this measure is passed, the County of Kauai in particular, will provide lifeguards at certain beaches for protection of visitors and residents of Kauai.
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. 796, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 796, S.D. 1.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ BRIAN KANNO, Chair |