State Rep. Ezra Kanoho of Kaua’i hopes to enact state legislation giving county lifeguards immunity when patrolling and attempting rescues at state beaches. “It’s such an important issue, because people are dying,” said Kanoho (D-13th District), chairman of the House
State Rep. Ezra Kanoho of Kaua’i hopes to enact state legislation giving county lifeguards immunity when patrolling and attempting rescues at state beaches.
“It’s such an important issue, because people are dying,” said Kanoho (D-13th District), chairman of the House of Representatives’ Water and Land Use Committee.
The beach liability bill failed during the 2001 session. But Kanoho said if House and Senate versions vary again this session, Senate President Bob Bunda and House Speaker Calvin Say will mediate a settlement to get the bill passed and sent to Governor Ben Cayetano for his signature.
Kanoho said that will happen early in the Legislature’s session that began Wednesday.
According to Kanoho, the Senate last year insisted on vague legislation that would hold counties and lifeguards harmless except when inattention on the guards’ parts could be shown.
That language was unacceptable to Kanoho and the House. As drafted by Kanoho, the bill would give the counties immunity from prosecution if an attempted rescue went awry unless serious abuse and neglect could be proven.
The bill would allow county lifeguards to patrol certain state beaches without fear of liability lawsuits and other concerns. State beaches, notably Hanakapi’ai along the Na Pali Coast and Lumaha’i between Hanalei and Ha’ena, have high percentages of drownings on Kaua’i.
Kaua’i County Mayor Maryanne Kusaka, in her annual address before the Senate Ways and Means Committee, said she favors the immunity proposal.
“We hope that this legislative session will produce a beach liability bill that protects those who use our beaches while providing reasonable legal protection for the counties,” Kusaka said.
