STAND. COM. REP. NO.  1134

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 38

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 38, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LIABILITY OF STATE AND COUNTY GOVERNMENTS,"

begs leave to report as follows:

     The purpose of this bill is to make permanent certain protections from liability provided to state and county governments relating to:

     (1)  Public use of public beach parks; and

     (2)  Acts or omissions of lifeguards while providing lifeguard services within the scope of their employment.

     The Attorney General, Department of Land and Natural Resources, Mayor of Kauai County, Office of Economic Development of the County of Kauai, Kauai County Council, Maui County Council, City Council of the City and County of Honolulu, Hawaii County Council, Mayor of Hawaii County, Hawaii State Association of Counties, Kauai County Fire Department, Kauai Visitors Bureau, State Fire Council, Honolulu Fire Department, Hawaiian Lifeguard Association, Hawaii Government Employees Association, Hui Ho'omalu I Ka' Aina, Kauai Chamber of Commerce, Kauai Lifeguard Association, Sheraton Kauai Resort, and several concerned individuals supported this bill.  The Department of the Corporation of the City and County of Honolulu and the Honolulu Emergency Services Department supported the intent of this measure.

     Your Committee has amended this measure by:

     (1)  Making it effective upon its approval; and

     (2)  Making technical, nonsubstantive amendments for style,         clarity, and consistency.

     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 H.B. No. 38, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 38, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

TOMMY WATERS, Chair