Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Tourism and Intergovernmental Affairs, to which was referred S.B. No. 793 entitled:

begs leave to report as follows:

The purpose of this measure is to provide immunity to counties for injuries arising out of a hazardous recreational activity to any participant, person assisting a participant, or a spectator, and to define "hazardous recreational activity".

Your Committee received testimony in support of this measure from the County of Hawaii, County of Kauai, Kauai County Council, Maui County Council, Kona-Kohala Chamber of Commerce, International Mountain Bicycling Association, Hawaii Bicycling League, Peoples Advocacy for Trails Hawaii, and Life of the Land. Consumer Lawyers of Hawaii submitted testimony in opposition.

Your Committee finds that hazardous recreational activities such as those defined in the bill often take place in public parks, recreational facilities, and beaches. Increasingly, the counties find themselves faced with lawsuits by participants who did not exercise good judgment or were careless in their conduct of these activities.

Your Committee finds that this measure would require participants and others to be more knowledgeable regarding the risks involved and to take a greater measure of personal responsibility for actions associated with the activity. Your Committee further finds that this measure would alleviate the problem of rising legal costs for the counties and allow them to focus on providing recreational facilities to the public.

As affirmed by the record of votes of the members of your Committee on Tourism and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 793 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.