Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs, and Government Operations and Economic Development and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 975 entitled:

beg leave to report as follows:

The purpose of this measure is to provide the State and counties with immunity from tort liability for claims arising out of hazardous recreational activities.

Your Committees received testimony in support of this measure from the Board of Land and Natural Resources, the Maui County Mayor, the Hawaii County Mayor, the County of Kauai, the Chair, Vice Chair, and three members of the Maui County Council, the Hawaii County Departments of Parks and Recreation and Corporation Counsel, the Vice Chair of the Kauai County Council, the Cooper Center Council, and twenty-one concerned citizens from the community of Volcano. The Consumer Lawyers of Hawaii submitted testimony in opposition to this measure.

Your Committees find that Hawaii's unique and varied natural landscape lends itself to many outdoor recreational activities. Residents and visitors alike revel in the opportunity to engage in all manner of watersports and land activities in Hawaii, and indeed that is one of the attractions that makes our island home seem like paradise.

Your Committees are concerned, however, over the increasing number of lawsuits that have been brought against the State and counties in recent years. The lawsuit resulting from the Sacred Falls tragedy is the most troubling civil suit against the State, but the examples are numerous and ever-growing. It seems that every week a person, usually a visitor, is injured while enjoying the outdoors or engaging in some activity that is beyond his or her capabilities.

Given the rash of recent judgments against the State, your Committees are concerned that every person who is injured, no matter how many warning signs are posted or fences constructed, will run to court to sue the State.

Your Committees agree that this problem should be stopped, and therefore support this measure. While there may be limited instances in which a lawsuit against the State or a county is warranted by a person injured in the islands, your Committees believe that this measure will forestall most frivolous suits.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs, and Government Operations and Economic Development and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 975 and recommend that it pass Second Reading and be placed on the calendar for Third Reading.