Bill Text: HI SB1009 | 2013 | Regular Session | Amended

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Bill Title: Tort Liability; Lifeguards

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-03-14 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) McKelvey, Mizuno excused (2). [SB1009 Detail]

Download: Hawaii-2013-SB1009-Amended.html

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STAND. COM. REP. NO.  939

 

Honolulu, Hawaii

                , 2013

 

RE:   S.B. No. 1009

      S.D. 1

      H.D. 1

 

 

 

 

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 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 of this measure is to support Hawaii lifeguards by making permanent liability protections for county lifeguards provided under Act 170, Session Laws of Hawaii 2002.

 

     The Department of Land and Natural Resources; Mayor of the County of Kauai; City and County of Honolulu Department of the Corporation Counsel; Honolulu Emergency Services Department, City and County of Honolulu; a member of the Maui County Council; and the Hawaiian Lifeguard Association testified in support of this measure.  The Hawaii Association for Justice testified in opposition of this measure.  The Department of the Attorney General provided comments on this measure.

 

     Your Committee has amended this measure by:

 

     (1)  Adding a new provision to make permanent the State and counties' limited liability protections and duty to warn of dangers on public land contained in Act 82, Session Laws of Hawaii 2003; and

 

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

 

     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 S.B. No. 1009, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1009, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

 

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

 

 

		____________________________ CINDY EVANS, Chair