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. 1363 entitled:

begs leave to report as follows:

The purpose of this bill is to place personal responsibility on any individual who voluntarily engages in a hazardous recreational activity on county-owned or controlled property as a participant or spectator, who knows or reasonably should know of the inherent risks of the activity.

The county shall be liable only if the injury or death occurred as a direct result of the county's:

(1) Failure to warn when the county had actual knowledge of a hazardous condition, sufficient time to warn and failed to do so; and

(2) Gross negligence, recklessness or willful, wanton, deliberate conduct.

The bill also adds the following under recreational activities: baseball, softball, football, volleyball, tennis, soccer, basketball, swimming, surfing, hunting, fishing, horseback riding or any other equine activity, hiking or trail-building.

The bill further requires a provider of sports or recreational activities, for profit or otherwise, to be liable for damages resulting from negligent acts or omissions of the person which cause injury.

Testimony in support of this bill was received from the City and County of Honolulu Department of the Corporation Counsel, six Maui County Councilmembers, Kauai County Council, Office of the County Attorney of Kauai, Kauai Economic Development Board, Textron Systems Kauai, The Nature Conservancy of Hawaii, Destination Villages–Kauai LLC, and a private citizen.

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. 1363 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.