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Home My WebLink AboutCOM 0729.000 2016-2018 DRU MAMO KANUHA �F y��`•'�'' PHONE: (808)323-4267 A144:• FAX: (808)323-4786 Council Member r•;��% • '. • �.�..� EMAIL:dru.kanuha@hawaucounry.gov District 7, Central Kona _; ' 'ATE OF'M►'�= HAWAII COUNTY COUNCIL West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway,Kailua-Kona,Hawaii 96740 ry CD, .. DATE: January 25, 2018 `rr _ ) TO: Valerie T. Poindexter, Council Chair -73 rri and Members of the Hawai`i County Council FROM: ru Mamo Kanuha District 7 Council Member SUBJECT: A Resolution Urging the Hawai`i State Legislature to Pass Senate Bill No. 2679, Relating to Tort Liability. • Attached is a resolution to support S.B. No.2679 that has been presented to the 2018 Hawai`i State Legislature, currently in session. Due to the time-sensitive 2018 Legislative calendar, I request that this item be waived from committee and placed on the Council agenda for February 7, 2018. Thank you. DK/lw Att. • comm. No. 7)--q Ref. To: CaL ( &RED O Ref. Date JAN 2 2016 Hawai'I County is an Equal Opportunity Provider and Employer. THE SENATE S . B. NO . TWENTY-NINTH LEGISLATURE, 2018 voidi STATE OF HAWAII JAN 191018 A BILL FCR AN ACT RELATING TO TORT LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1 . The legislature finds that providing lifeguard 2 services at beaches and in the ocean is vital to the health, 3 safety, and welfare of the public. Every day, residents and 4 tourists enjoy recreational activities on and the natural beauty 5 of the State ' s beaches. Lifeguards provide constant 6 surveillance of the dynamic ocean and changing beach conditions 7 to fulfill their duty to protect those in and close to the water 8 from danger. Like firefighters and emergency medical 9 technicians, lifeguards are first responders in emergencies. 10 While the protection of many of the State' s public 11 resources and facilities, such as the airports, harbors, and 12 wildlife, are performed by state employed officers or guards 13 with enforcement or first responder powers, state beaches are 14 protected by county employed lifeguards . Accordingly, the 15 threat of potential tort liability has made some counties 16 reluctant to provide lifeguard services at some beaches . Thus, 2018-0480 SB SMA.doc ENNINININI` � �I�Iill�31 '0 • EXHIBIT A Page2 313. NO . 2.,(071 1 some beaches were left without critical services to ensure 2 public safety at one of the State' s most important assets . 3 In response to these concerns, the legislature passed 4 Act 170, Session Laws of Hawaii 2002, to provide limited tort 5 liability protection for county lifeguards and counties 6 providing lifeguard services on beaches or in the ocean, except 7 in cases of gross negligence or wanton acts or omissions. This 8 limited tort liability sunsetted on June 30, 2017 . As a result, 9 county lifeguards are faced with potential tort liability in the 10 course of performing their lifeguard duties, which in turn, may 11 cause some beaches to become unsafe due to a lack of an on-duty 12 lifeguard. 13 The purpose of this Act is to reestablish the limited 14 liability protection for county lifeguards and counties 15 providing lifeguard services on beaches or in the ocean and to 16 make the law permanent. 17 SECTION 2 . Chapter 663, Hawaii Revised Statutes, is 18 amended by adding a new section to be appropriately designated 19 and to read as follows: 20 "§663Exception to 1iabi1i roounty lifeguard - 21 services. (a) Notwithstanding any other law to the contrary, a 2018-0480 SB SMA.doc 2 All io!ii Ii '111 113E11 Page 3 S. B. NO . 26079 1 county lifeguard, the employing county, and the State shall not 2 be liable for any civil damages resulting from any act or 3 omission of the lifeguard while providing rescue, resuscitative, 4 or other lifeguard services on the beach or in the ocean in the 5 scope of employment as a county lifeguard. This exception from 6 liability, however, shall not apply when the claim for civil 7 damages results from a county lifeguard' s gross negligence or 8 wanton act or omission. 9 (b) For purposes of this section: 10 "County lifeguard" means a person employed as a lifeguard 11 by a county of this State. 12 "Employing county" means the county employing a county 13 lifeguard. " 14 SECTION 3 . This Act does not affect rights and duties that 15 matured, penalties that were incurred, and proceedings that were 16 begun before its effective date . 17 SECTION 4 . New statutory material is underscored. 18 SECTION 5 . This Act shall take effect upon its approval. 19 A , INTRODUCED BY: oNt" a 'or 2018-0480 SB a .doc 3 111 IN 11111111,1111111011111E11 Page 4 • S . B.. • 400.171 - _yam.':....... ..._. dtiil 1 b� 2018-0480 SB SMA.doc 4 110III iwiii i11141111111311 111111111 SB . NO . 24747 Report Title: Tort Liability; Immunity; County Lifeguards; Beaches; Ocean Description: Provides limited liability protection for county lifeguards and counties providing lifeguard services on beaches or in the ocean. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. 2018-0480 SB SMA.doc INIUMMEINIHIMEININ DRU MAMO KANUHA 40�`' �F•-N --� AARON S.Y.CHUNG • Chairperson ; ^ \V��%,. MAILE MEDEIROS DAVID , �. . �..�:,.�/, ;. KAREN EOFF JENNIFER RUGGLES SUSAN L.K.LEE LOY Vice Chair +r°`'.M:Mow"•%.` EILEEN O'HARA ,rE OF.HF'� VALERIE T.POINDEXTER HERBERT M."TIM"RICHARDS, III HAWAI`I COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo,Hawai`i 96720 January 26, 2018 Valerie T. Poindexter, Chairperson Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 RE: Resolution No. 489-18 : A Resolution Urging the State Legislature To Pass Senate Bill No. 2679, To Amend Hawai`i Revised Statutes Chapter 663 Relating To Tort Liability. Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawai`i,this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Governmental Relations and Economic Development to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Governmental Relations and Economic Development for placement on its future agenda. Sincerely, 311-1 Dru Mamo Kanuha, Chairperson Committee on Governmental Relations and Economic Development Approved ! ate/Waive to Council: Disapproved/Date/Refer to GREDC: PIAN 2 . 18 Valerie T. Poindexter, Chairperson Valerie T. Poindexter, Chairperson County Hawai`i Hawai`i County Council H a Council Hawai`i County is an Equal Opportunity Provider and Employer