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 Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 73 entitled:

beg leave to report as follows:

The purpose of this measure is to repeal the sunset date on the temporary waiver of liability for the State and counties when adequate warning signs are displayed at public beach parks.

Your Committees received testimony in support of this measure from the Attorney General, Department of Land and Natural Resources, City and County of Honolulu, County of Kauai, County of Maui, two members of the Maui County Council, and Hawaiian Lifeguard Association. Consumer Lawyers of Hawaii presented comments.

Your Committees find that prior to Act 190, Session Laws of Hawaii 1996, the State and counties were frequently sued for allegedly providing ineffective warnings of dangerous conditions. The Act established an advisory task force and a process for warning of potentially dangerous conditions in the ocean adjacent to beach parks.

Your Committees find that as a result of the Act, the State and counties have standardized ocean hazard warning signs, and continue to develop new signs for additional dangerous natural conditions. Your Committees further find that Act 190 has improved public safety at beach parks statewide, and that the provisions of this Act should be made permanent.

As affirmed by the records of votes of the members of your Committees on Tourism and Intergovernmental Affairs and Transportation, Military Affairs and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 73 and recommend that it pass Second Reading and be referred to the Committee on Judiciary.