STAND. COM. REP. NO.  706

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 1537

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1537 entitled:

"A BILL FOR AN ACT RELATING TO AUTOMATED EXTERNAL DEFIBRILLATORS,"

begs leave to report as follows:

     The purpose of this bill is to specify that any person, including an employer, that provides for an automatic external defibrillator (AED) program shall not be vicariously liable for any civil damages resulting from any act or omission by a Good Samaritan attempting to use an AED, except as may result from gross negligence or wanton acts or omissions.

     The Department of Health, American Heart Association, AED Institute of America, Inc., and several individuals testified in support of this bill.

     Your Committee has amended this bill by making technical, nonsubstantive amendments for clarity.

     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. 1537, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1537, H.D. 1.

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

____________________________

JON RIKI KARAMATSU, Chair