STAND. COM. REP. NO. 3338

Honolulu, Hawaii

RE:    H.B. No. 1024

       H.D. 1

       S.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1024, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LIABILITY,"

begs leave to report as follows:

     The purpose and intent of this measure is to make permanent the liability protections for lifeguards, the employing counties, and the State providing lifeguard services on the beach or in the ocean, except for the gross negligence or wanton acts or omissions of the lifeguard.

     Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of Land and Natural Resources; Office of the Mayor, County of Kauai; Office of the Mayor, County of Maui; Hawaii State Fire Council; Honolulu Fire Department; Kauai Fire Department; Maui Fire Department; Kauai Chamber of Commerce; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Hawaii Lifeguard Association; and three individuals.

     Your Committee finds that county lifeguards are essential to ocean and beach safety in providing protections to residents and visitors in their enjoyment of state and county beaches.  Limited liability protection is necessary because some counties are unable to provide lifeguard services due to the fear of potential liability that might arise.  As a result of the limited liability protection, many lives have been saved by county lifeguards.  Under existing law, the limited liability protections for lifeguards, the counties, and the State against civil damages arising out of acts or omissions of lifeguards while performing lifeguard services will repeal on June 30, 2014.  As a result, counties may have to discontinue lifeguarding services due to the increased liability risk and financial burden.  This life-saving measure promotes and increases public safety by permanently extending liability protections to lifeguards, the counties, and the State.

     Your Committee has amended this measure by:

     (1)  Extending the sunset date for three more years from June 30, 2014, to June 30, 2017; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1024, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1024, H.D. 1, S.D. 2.

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

____________________________

CLAYTON HEE, Chair