STAND. COM. REP. NO. 395-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2667
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Water and Land Use, to which was referred
H.B. No. 2667 entitled: 

     "A BILL FOR AN ACT RELATING TO LIMITED LIABILITY FOR
     COUNTIES,"

begs leave to report as follows:

     The purpose of this bill is to limit counties' liability for
hazardous recreational activities including animal riding,
hiking, off-road motorcycling, hand gliding, rodeo, sport
parachuting, among other activities, except when death or injury
occurred as a direct result of county's failure to warn when the
county had actual knowledge of physically hazardous conditions,
or physically hazardous condition not known or would not have
been known to reasonably prudent person, or for gross negligence,
recklessness, or wilful, wanton, deliberate conduct.

     Testimony in support of this bill was received by the Mayor
of the County of Kauai, the Council Chair of the County of Maui,
and one concerned citizen.

     Testimony in opposition to this bill was received by the
Consumer Lawyers of Hawaii.

     Your Committee finds that the existing law does not limit
the liability of the counties for injury or damage caused by
voluntary participation in or observation of hazardous
recreational activities, unfairly leaving county taxpayers at
risk when individuals choose to take such perilous action.

 
 
                                 STAND. COM. REP. NO. 395-00
                                 Page 2

 
     Your Committee, further, finds that limiting liability for
hazardous recreational activities would justifiably require
individuals to take responsibility for their actions and
decisions in participating in or observing such activities.

     Your Committee, moreover, finds that the counties are
exposed to great liability for injury or damage caused by
voluntary participation in or observation of hazardous
recreational activities.  Without this law, individuals may
knowingly participate in hazardous recreational activities
without taking responsibility for their actions or assuming the
risk of injury, death or damage.

     Your Committee urges that the Committee on Judiciary and
Hawaiian Affairs carefully review CLH's concerns that it is not
good public policy when the law creates a host of different
standards for different entities or groups and that this bill
seems to be in conflict with other sections of the Hawaii Revised
Statutes.

     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. 2667 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,



                                   ______________________________
                                   ROMY M. CACHOLA, Chair