STAND. COM. REP. NO. 779

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1009

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 1009, S.D. 1, 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 law that established a limitation on liability for the acts or omissions of a county lifeguard working at a state beach park.

 

Specifically, the measure makes permanent the provision in Act 170, Session Laws of Hawaii 2002, that provides limited liability for civil damages resulting from any act or omission of a county lifeguard while performing lifeguard services on the beach or in the ocean in the scope of employment as a lifeguard.

 

     Your Committee received written comments in support of this measure from the the Department of Land and Natural Resources, State Fire Council, the City and County of Honolulu, the County of Maui, the Maui Fire Department, the Hawaiian Lifeguard Association, and one concerned individual.

 

     Your Committee finds that permanent enactment of Act 170 will enable the counties to continue providing lifeguard services at state parks without fear of potential liability.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1009, S.D. 1, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

____________________________

DAVID Y. IGE, Chair