Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Economic Development and Technology and Tourism and Intergovernmental Affairs, to which was referred S.B. No. 796 entitled:

beg leave to report as follows:

The purpose of this measure is to provide the State, counties, and lifeguards immunity from liability against damages arising from the operation of beach parks.

Your Committees received testimony in favor of this measure from the County of Hawaii, the Kona-Kohala Chamber of Commerce, the Maui County Council, the City and County of Honolulu, and the Offices of the Kauai County Clerk and Attorney. Testimony in opposition was received from the Consumer Lawyers of Hawaii. Comments on this measure were submitted by the Board of Land and Natural Resources.

Your Committees find that each year, the counties of the State expend hundreds of thousands of dollars in settlements, damages, attorneys' fees, and other costs arising from alleged injuries at county operated and owned beach parks. For reasons of fiscal equity and efficiency, statutory limits to such liability need to be established. Beach users at public beaches need to be accountable for their own risky behavior. As a practical matter, county governments have little control over beach and ocean conditions. It is unreasonable and inequitable to hold county taxpayers liable for unpreventable accidents.

As affirmed by the records of votes of the members of your Committees on Economic Development and Technology and Tourism and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 796 and recommend that it pass Second Reading and be referred to the Committee on Judiciary.