Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Tourism and Intergovernmental Affairs and Education, to which was referred S.B. No. 262 entitled:

beg leave to report as follows:

The purpose of this measure is to limit tort liability of public schools, the State, and counties for certain kinds of physical activities sponsored by organized children and youth services programs occurring on school premises or public parks with the prior permission of the school, State, or county.

Your Committees received testimony in support of this measure from the City and County of Honolulu, County of Kauai, and two members of the Maui County Council. Consumer Lawyers of Hawaii submitted testimony in opposition.

Your Committees find that this measure will encourage the use of school facilities and public parks for recreational activities by organized children and youth groups. As organized activities have increased over the years for children and youth, more programs are competing for space at public facilities.

Your Committees further find that this measure would keep public facilities open to our children and youth, while balancing government and the taxpayer's need to limit government's exposure to liability and the unanticipated expenditure of public moneys as a result of such exposure.

Your Committees have amended this measure to add the phrase "or similar physical activity" to cover those activities not specifically listed; to exempt gross negligence, or wanton acts or omissions from the State, county, or Department of Education's immunity from civil liability; and to add "children" to the definition of "youth services".

As affirmed by the records of votes of the members of your Committees on Tourism and Intergovernmental Affairs and Education that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 262, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 262, S.D. 1, and be referred to the Committee on Judiciary.