STAND. COM. REP. NO. 211

Honolulu, Hawaii

, 2005

RE: S.B. No. 1479

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Intergovernmental Affairs, to which was referred S.B. No. 1479 entitled:

"A BILL FOR AN ACT RELATING TO FIRE FIGHTER LIABILITY,"

begs leave to report as follows:

The purpose of this measure is to exempt county fire fighters from liability for the rendering of rescue, resuscitative, or other fire fighting services in the scope of employment as a county fire fighter.

Your Committee received testimony in support of this measure from the State Fire Council. Testimony in opposition was received from the Consumer Lawyers of Hawaii.

Current law provides an exemption from civil liability to county lifeguards providing rescue and resuscitative services. This measure would extend that exemption to county fire fighters.

Your Committee recognizes that fire fighting is a dangerous occupation which involves response to fire, rescue, medical, and hazardous materials incidents. Your Committee also recognizes fire fighters to be highly trained and skilled in their responsibilities and duties.

However, your Committee is concerned about disrupting the American legal system's principles of tort law. One of those is to compensate another person for injuries as a result of the other's negligence, including that of government entities and employees. The objective is to deter harm to others and to encourage acting with reasonable care and diligence.

Your Committee has not been presented with sufficient information to justify implementing this measure immediately. Therefore, your Committee has amended this measure by changing the effective date to July 1, 2020, in the interests of allowing time for the proponents of this measure to present more information.

As affirmed by the record of votes of the members of your Committee on Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1479, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1479, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Intergovernmental Affairs,

____________________________

DAVID Y. IGE, Chair