STAND. COM. REP. NO.334

Honolulu, Hawaii

, 2001

RE: H.B. No. 279

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.B. No. 279 entitled:

"A BILL FOR AN ACT RELATING TO STATE AND COUNTY IMMUNITY FROM LIABILITY,"

begs leave to report as follows:

The purpose of this bill is to reduce ocean-related accidents by making permanent a process by which the State and counties are protected from liability when they have provided adequate warning to the public through the design and placement of warning signs in public beach parks.

Testimony in support of this measure was presented by the Department of Land and Natural Resources, the City and County of Honolulu, a member of the Kauai County Council, the County of Kauai Office of the County Attorney, three members of the Maui County Council, the County of Hawaii Department of Parks and Recreation, and the Kona-Kohala Chamber of Commerce. The Hawaiian Lifeguard Association supported the intent of this bill, and the Consumer Lawyers of Hawaii offered comments.

Act 190, Session Laws of Hawaii (SLH) 1996, established a means for the development of a legally adequate warning system at public beach parks which will:

(1) Increase public safety;

(2) Reduce ocean-related accidents; and

(3) Protect the State and counties from the unlimited liability they face with regard to activities in the ocean and at public beaches.

Act 190, as amended by Act 101, SLH 1999, is scheduled to be repealed on June 30, 2003. This bill repeals this "sunset" provision, thereby ensuring the continuation of increased public safety at state- and county-controlled beach parks.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 279 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 Water and Land Use,

____________________________

EZRA KANOHO, Chair