STAND. COM. REP. NO.102

Honolulu, Hawaii

, 2003

RE: S.B. No. 531

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 531 entitled:

"A BILL FOR AN ACT RELATING TO COUNTY LIABILITY,"

begs leave to report as follows:

The purpose of this measure is to provide counties with immunity from civil liability arising from activities occurring in a county park, including a skateboard park, except in cases where the county is grossly negligent or acts with wanton disregard for public safety.

Your Committee received testimony in support of the measure from the Hawaii County Corporation Counsel, the Hawaii County Department of Parks and Recreation, the Maui County Council and two of its members, the Kauai County Attorney, and the Hawaii State Association of Counties. The Consumer Lawyers of Hawaii submitted testimony in opposition to the measure.

Your Committee finds that several counties in the State have developed or are considering development of new recreational facilities, including skateboard parks. Often, however, the counties are hesitant to create new recreational facilities for fear of civil lawsuits arising from injuries occurring in the facilities.

Your Committee believes that facilities such as skateboard parks offer a positive recreational alternative for our youth, and that the Legislature should encourage development of such facilities.

Your Committee further believes that in cases where a county develops or supervises a facility responsibly, without gross negligence or wanton disregard for public safety, immunity from civil liability is appropriate.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 531 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs and Government Operations,

____________________________

CAL KAWAMOTO, Chair