Bill Text: HI HB215 | 2013 | Regular Session | Amended

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Bill Title: HSAC Package; Tort Liability; Lifeguards; Improved Public Lands

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-02-12 - The committee(s) on JUD recommend(s) that the measure be deferred. [HB215 Detail]

Download: Hawaii-2013-HB215-Amended.html

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STAND. COM. REP. NO.  2

 

Honolulu, Hawaii

                , 2013

 

RE:   H.B. No. 215

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir:

 

     Your Committee on Water & Land, to which was referred H.B. No. 215 entitled:

 

"A BILL FOR AN ACT RELATING TO LIABILITY,"

 

begs leave to report as follows:

 

     The purpose of this measure is to make permanent certain limits on liability of the State and the counties by repealing the sunset dates on:

 

     (1)  Act 82, Session Laws of Hawaii 2003, as amended, which limits the State's and the counties' liability arising from inherent risks on public lands; provided that the State or county posts adequate warning; and

 

     (2)  Act 170, Session Laws of Hawaii 2002, as amended, which limits the liability of the State, the counties, and individual lifeguards for civil damages incurred in the performance of lifeguard services in the scope of employment of a lifeguard.

 

     The City and County of Honolulu Department of the Corporation Counsel, City and County of Honolulu Emergency Services Department, Hawai‘i State Association of Counties, a member of the Hawaii County Council, a member of the Maui County Council, State Fire Council, Hawai‘i Fire Department, Hawaiian Lifeguard Association, Department of Labor and Industrial Relations, and the

Department of Land and Natural Resources submitted testimony in support of this measure.  Hawaii Association for Justice submitted testimony in opposition to this measure.

 

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 215 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committee on Water & Land,

 

 

		____________________________ CINDY EVANS, Chair