Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 975 entitled:

begs leave to report as follows:

The purpose of this bill as received is to establish limited immunity for public entities and public employees from tort claims arising out of hazardous recreational activities.

The Board of Land and Natural Resources, Department of the Attorney General, Office of the Mayor of the County of Maui, the County Council of the County of Maui and four of its members, two members of the County Council of the County of Hawaii, SK8 Pahoa Youth Group, and a concerned individual testified in support of this bill. The County of Hawaii testified in support and offered an amendment. The Consumer Lawyers of Hawaii opposed the bill.

Your Committee finds that there is substantial public demand for skateboard parks. However, public entities are concerned that the inherently dangerous activity of skateboarding may lead to injuries for which the public entities may be held liable. The problem is compounded by the fact that there are no design standards for the construction of skateboard parks that would mitigate against the risk of injury by skateboarding activities. Accordingly, your Committee has attempted to respond to the public demand for skateboard parks and the public entities' concerns over liability with a bill that balances the competing interests of the parties.

Your Committee has amended the bill by:

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 975, as amended herein, and recommends that it be referred to the Committee on Finance, in the form attached hereto as S.B. No. 975, H.D. 1.