STAND. COM. REP. NO. 2393

Honolulu, Hawaii

RE: S.B. No. 3259

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Public Safety and Intergovernmental and Military Affairs, to which was referred S.B. No. 3259 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 permanently reinstate the liability protections previously afforded to county lifeguards providing services at state beach parks or in the ocean.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.

Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice.

Your Committee finds that Act 170, Session Laws of Hawaii 2002, which established liability protection for county lifeguards providing services at state beach parks or in the ocean, except in cases of gross negligence or wanton acts or omissions, was repealed in 2017. Your Committee further finds that providing this limited liability protection is necessary as some counties do not provide lifeguard services at state beach parks resulting from the fear of potential liability. This measure will help protect the lives of the State's residents and visitors by reinstating liability protections for lifeguards.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Public Safety and Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3259, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3259, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________

GLENN WAKAI, Chair