STAND. COM. REP. NO. 202

Honolulu, Hawaii

RE:    S.B. No. 562

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 562 entitled:

"A BILL FOR AN ACT RELATING TO TORT LIABILITY,"

begs leave to report as follows:

     The purpose and intent of this measure is to make permanent the limited liability protection established under Act 170, Session Laws of Hawaii 2002, for county lifeguards and counties providing lifeguard services on beaches or in the ocean.

     Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of Land and Natural Resources; Mayor of the County of Kaua‘i; Kaua‘i Fire Department; Ocean Safety Bureau of the Kaua‘i Fire Department; Hawaii State Association of Counties; Hawaiian Lifeguard Association; Maui Hotel & Lodging Association; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and four individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice.

     Your Committee finds that providing lifeguard services at beaches and in the ocean, including in state beach parks, is vital to the health, safety, and welfare of the public.  In the past, the threat of potential tort liability meant that some counties would not provide lifeguard services at some beaches.  In 2002, the Legislature addressed this problem by providing limited tort liability for county lifeguards and counties providing lifeguard services on beaches or in the ocean, except in cases of gross negligence or wanton acts or omissions.  This measure makes those liability protections for counties and county lifeguards permanent.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 562 and recommends that it pass Second Reading and be referred to your Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental, and Military Affairs,

________________________________

CLARENCE K. NISHIHARA, Chair