STAND. COM. REP. NO. 621

Honolulu, Hawaii

RE: S.B. No. 160

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 160 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 establish an exemption from tort liability for the State and counties arising from lifeguard services provided by a county lifeguard on the beach or in the ocean, except for gross negligence or wanton acts or omissions.

Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Kauai; Maui County Council; Kaua‘i County Council; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Hawai‘i State Association of Counties; County of Kauai Ocean Safety Bureau; Maui Hotel and Lodging Association; Ocean Safety and Lifeguard Services; Drowning and Aquatics Injury Prevention Advisory Committee; Honolulu County Republican Party; one member of the Hawai‘i County Council; one member of the Kaua‘i County Council; and eight individuals. Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice.

Your Committee finds that after years of extensions granted by the Legislature, the protections for lifeguards from liability established by Act 170, Session Laws of Hawaii 2002, sunset on June 30, 2017. Your Committee further finds that this limited liability protection allowed counties to provide lifeguard services at various sites, including state beaches, without the threat of costly litigation. Your Committee additionally finds that continued placement of lifeguards at state-owned beaches and in the ocean will help reduce the number of deaths and injuries at these locations.

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. 160 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

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

________________________________

CLARENCE K. NISHIHARA, Chair