STAND. COM. REP. NO. 1951-18

Honolulu, Hawaii

, 2018

RE: S.B. No. 2087

S.D. 2

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2087, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY RESCUE DEVICES,"

begs leave to report as follows:

The purpose of this measure is to encourage the placement and use of lifesaving emergency rescue devices by providing legal protections under Hawaii's Good Samaritan Law. Specifically, this measure provides civil liability exemptions for:

(1) Owners or operators of any premises, property, or facility where an automated external defibrillator or rescue tube is located; and

(2) Any person who in good faith and without remuneration or expectation of remuneration attempts to rescue a person by using a rescue tube.

AED Institute, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, Koko Head Lions Club, Palolo Lions Club, Keiki Injury Prevention Coalition, and many individuals testified in support of this measure. The Hawaii Association for Justice and an individual provided comments.

Your Committee has amended this measure by:

(1) Deleting the civil liability exemption for owners or operators of any premises, property, or facility where an automated external defibrillator is located;

(2) Clarifying that only owners or operators of any premises, property, or facility adjacent to navigable waters are exempted from civil liability relating to rescue tubes; and

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

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 S.B. No. 2087, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2087, S.D. 2, H.D. 2.

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

____________________________

SCOTT Y. NISHIMOTO, Chair