STAND. COM. REP. NO. 1081

Honolulu, Hawaii

, 2025

RE: H.B. No. 1158

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1158, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FIREFIGHTING AT COMMERCIAL HARBORS,"

begs leave to report as follows:

The purpose of this measure is to limit the civil liability of individuals who render firefighting services with a firefighting vessel, upon reasonable command, at any of the State's commercial harbors or roadsteads, any commercial harbor or waterfront improvement belonging to or controlled by the State, or any vessel within a commercial harbor or roadstead to only damages resulting from the individual's gross negligence or wanton acts or omissions.

Your Committee received testimony in support of this measure from the Department of Transportation and Hawaiʻi Harbors User Group. Your Committee received comments on this measure from one individual.

Your Committee finds that there are privately owned assets and vessels that are home ported in commercial ports across the State and are equipped with firefighting tools, such as fire monitors and water cannons. However, the owners of these assets and vessels have been reluctant to use them to assist county fire departments and provide firefighting services because of concerns over possible civil liability. Limiting the civil liability for those private individuals to cases of gross negligence, as proposed by this measure, will encourage these individuals to provide assistance to county fire departments and enhance maritime safety by preventing and rapidly responding to maritime fires.

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. 1158, H.D. 1, and recommends that it pass Third Reading.

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

____________________________

DAVID A. TARNAS, Chair