Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Economic Development and Technology, to which was referred S.B. No. 826 entitled:

begs leave to report as follows:

The purpose of this measure is to expand the scope of sport and recreational activities in the liability law and assign legal responsibility to persons who assume inherent risks in those sport or recreational activities. It also defines "provider" as a person who for profit or otherwise, offers or conducts a sport or recreational activity.

Your Committee received testimony in favor of this measure from Island Triathlon & Bike and the Hawaii Bicycling League. Testimony in opposition was submitted by the Consumer Lawyers of Hawaii.

Your Committee finds that just the threat of a personal injury lawsuit has been enough to close recreational facilities and cancel recreational events. A proactive measure is necessary to protect recreational and sport promoters as well as participants. By assigning responsibility for personal or property losses to event participants, promoters are better able to maintain their responsibility to present a safe event for participants and spectators.

Your Committee adopted the recommendation of the Hawaii Bicycling League by amending Section 1 of the measure to require participants to sign a statement assuming risk.

As affirmed by the record of votes of the members of your Committee on Economic Development and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 826, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 826, S.D. 1, and be referred to the Committee on Judiciary.