STAND. COM. REP. NO.103

Honolulu, Hawaii

, 2003

RE: S.B. No. 532

 

 

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. 532 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 claims for civil damages resulting from or caused by natural hazards on public property, except when 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 Office of Corporation Counsel, the Chair, Vice Chair, and a member of the Maui County Council, and the Kauai County Attorney's Office. The Consumer Lawyers of Hawaii testified orally in opposition to the measure.

Your Committee finds that the public often looks to the counties to provide areas for outdoor recreation, such as bicycling, hiking, and walking trails. The natural beauty of the islands draws many people outdoors.

While our natural environment is beautiful, however, it can also be dangerous, and the counties cannot reasonably be expected to continuously patrol every outdoor environment to remove potentially dangerous natural hazards.

Your Committee believes that the counties should not be exposed to the potentially enormous civil liability that may arise when residents and visitors enjoy the natural beauty of Hawaii. The recent lawsuit resulting from the tragic rockfall at Sacred Falls State Park in 1999 illustrates the enormous potential liability faced by the State and the counties.

Your Committee agrees that civil liability is appropriate in cases where a county is grossly negligent or acts with wanton disregard for public safety. Aside from that, however, your Committee supports the intent of this measure.

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. 532 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