STAND. COM. REP. NO. 138

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1022

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Transportation, International and Intergovernmental Affairs, to which was referred S.B. No. 1022 entitled:

 

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

 

beg leave to report as follows:

 

     The purpose of this measure is to make permanent, liability protections for certain state and county agencies relating to lifeguard services at state beach parks and warnings signs at public recreational areas.

 

     Testimony in support of this measure was submitted by two state agencies, four county agencies, one organization, and three individuals.  Testimony in opposition to this measure was submitted by one organization.  Copies of written testimony are available for review on the Legislature's website.

 

     Your Committees find that certain public recreational areas have potentially dangerous natural conditions that require a balance of public responsibility to heed signs and warnings, and governmental action to provide for the safe use of those recreational areas.

 

     Your Committees further find that Act 170, Session Laws of Hawaii 2002, as amended, and Act 82, Session Laws of Hawaii 2003, as amended, provided certain county and state agencies with liability protections that will sunset on June 30, 2010.  These protections have allowed state and county governments to keep open certain recreational areas which might have otherwise been more dangerous for the public or closed to the public.

 

     Your Committees note that a task force was created by Act 152, Session Laws of Hawaii 2007, to examine the effectiveness of Acts 170, Session Laws of Hawaii 2002, and 82, Session Laws of Hawaii 2003.  The task force collected relevant data and, with the exception of one member, found that the liability protections in Acts 170 and 82 were effective.  Your Committees agree with the task force's recommendation that the protections in both acts should be made permanent.

 

     As affirmed by the records of votes of the members of your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Transportation, International and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1022 and recommend that it pass Second Reading and be referred to the Committee on Judiciary and Government Operations.

 

Respectfully submitted on behalf of the members of the Committees on Water, Land, Agriculture, and Hawaiian Affairs and Transportation, International and Intergovernmental Affairs,

 

____________________________

J. KALANI ENGLISH, Chair

 

____________________________

CLAYTON HEE, Chair