Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 2310 entitled:

begs leave to report as follows:

The purpose of this measure is to repeal the sunset date for the public land liability immunity law and the state and county tort liability relating to lifeguard services law.

Testimony in support of this measure was received from the Department of Land and Natural Resources, Honolulu Department of the Corporation Counsel, Kauai County Council, Kauai Office of the County Attorney, and four Maui County Council Members. Testimony in opposition was received from the Consumer Lawyers of Hawaii.

Act 190, Session Laws of Hawaii (SLH) 1996, provided a process by which a legally adequate warning system can be developed at public beach parks to increase public safety, reduce ocean-related accidents, and protect the State and counties from unlimited liability exposure at public beaches and in the ocean. The current sunset date is June 30, 2007.

Act 170, SLH 2002, provided for an exception to tort liability for county lifeguard services while providing rescue, resuscitation, or other lifeguard services on the beach or in the ocean. The current sunset date is also June 30, 2007.

Testimony indicated that both Acts have helped the counties place lifeguards on the public beaches and have helped the State to make public parks safer.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2310 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.