STAND. COM. REP. NO.  454-22

 

Honolulu, Hawaii

                , 2022

 

RE:   H.B. No. 1447

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1447 entitled:

 

"A BILL FOR AN ACT RELATING TO LIFEGUARDS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to exempt a person qualified as a county lifeguard and the employing county from liability for any civil damages resulting from the person's acts or omissions while providing rescue, resuscitative, or other lifeguard services, except as may result from the person's gross negligence or wanton acts or omissions.

 

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; one member of the Kauai County Council; one member of the Maui County Council; Hawaii Fire Department; County of Maui Ocean Safety Bureau; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Ocean Safety Maui; Hawaii State Association of Counties; and thirteen individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice.

 

     Your Committee finds that the counties may be reluctant to provide lifeguard services at beaches, including dangerous beaches, due to concerns about frivolous lawsuits contributing to the costs of insurance.  By providing limited liability protection for county lifeguards and the employing counties, this measure will encourage the counties to expand their lifeguard services at beaches across the State.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting the exception to liability for county lifeguard services into a new section under the State's tort actions chapter and further amending the exception to provide that, notwithstanding any other law to the contrary, a person employed as a county lifeguard, the county employing the county lifeguard, and the State are not be liable for any civil damages resulting from any act or omission of the county lifeguard while providing rescue, resuscitative, or other lifeguard services on the beach or in the ocean in the scope of employment as a county lifeguard, unless the claim for civil damages results from a county lifeguard's gross negligence or wanton act or omission; and

 

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

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1447, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1447, H.D. 1, and be referred to your Committee on Finance.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair