STAND. COM. REP. 125

Honolulu, Hawaii

, 2003

RE: H.B. No. 267

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Tourism and Culture, to which was referred H.B. No. 267 entitled:

"A BILL FOR AN ACT RELATING TO GOVERNMENT,"

begs leave to report as follows:

The purpose of this bill is to establish limited immunity for public entities, public employees, and the State from liability arising out of hazardous recreational activities.

The County of Hawaii and Maui County Council supported this bill. The Department of Attorney General, City and County of Honolulu, and the County of Kauai supported the intent of this bill. The Consumer Lawyers of Hawaii opposed this measure.

Your Committee believes that both the State and the counties should be afforded some liability protection from damages or injuries that may result from participation in dangerous recreational activities. The State and counties should not be liable for the inherent risks involved in these activities. Your Committee also notes that liability protection is needed for county parks, including skateboard parks, to deter frivolous lawsuits and allow the counties to continue to offer these facilities for public use.

Your Committee has amended this measure by:

(1) Establishing limited immunity for counties from liability arising out of a person's use or occupancy of county public parks, including skateboard parks;

(2) Deleting the references to "public entity" and "public employee" and replacing them with "counties" to accurately reflect the entities receiving the limited immunity protection;

(3) Clarifying that the limited immunity provided in this bill does not apply under certain conditions;

(4) Clarifying that the limited immunity provided in this bill is valid in spite of section 662-2, Hawaii Revised Statutes (HRS), which waives State immunity from liability;

(5) Combining State and county limited immunity provisions under one section, to be added to chapter 663, HRS;

(6) Including roller skating in the definition of "hazardous recreational activity"; and

(7) Making technical, nonsubstantive amendments for purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Tourism and Culture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 267, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 267, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Tourism and Culture,

 

____________________________

JERRY L. CHANG, Chair