SB2433 HD1.DOC

SECTION 1. The legislature finds that ziplines and canopy tours are used and enjoyed by a number of Hawaii residents and attract a large number of tourists to the State, which contributes significantly to Hawaii's economy. There are, however, inherent risks in ziplines and canopy tours. These risks are an inherent part of such activities and as a result, require that the State be vigilant in its regulation to ensure the safety and security of those who choose to participate.

The purpose of this Act, therefore, is to establish standards and regulations for zipline and canopy tour operators.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Ziplines and canopy tours

§ -1 Definitions. As used in the chapter:

"Canopy tours" means a commercial facility not located in an amusement park or carnival, that is a supervised or guided educational or recreational activity, including beams, bridges, cable traverses, climbing walls, nets, platforms, ropes, swings, towers, ziplines, and other aerial adventure courses, which may be installed on or in trees, poles, portable structures or buildings, or be part of self-supporting structures.

"Challenge course standards" means the current edition of Challenge Course Standards: Association for Challenge Course Technology, or substantially equivalent standards approved by an operator's insurance provider.

"Certificate of insurance" means the document issued to an operator by the operator's insurance provider indicating that the operator has insurance and has met the criteria set forth in this chapter.

"Employee" means an officer, agent, employee, servant, or volunteer, whether compensated or not, full time or not, who is authorized to act and is acting within the scope of the employee's employment or duties with an operator.

"Insurance provider" means any entity licensed to provide insurance in the State of Hawaii who has provided the necessary certificate of insurance to an operator.

"Operator" means any person, partnership, corporation, or other entity who has operational responsibility for any zipline or canopy tour.

"Participant" means any person who engages in activities on a zipline or canopy tour individually or in a group activity supervised by a zipline or canopy tour operator.

"Qualified challenge course professional inspector" means a private inspector of canopy tours and ziplines who meets challenge course standards and is certified by an operator's insurance provider.

"Zipline" means a commercial recreational activity where a participant attached to a pulley traverses from one point to another, by use of a permanent cable or rope line suspended between support structures, for the purpose of giving the participant amusement, pleasure, thrills, or excitement.

§ -2 Zipline and canopy tour operators. Every operator shall:

(1) Construct, install, maintain, and operate all ziplines and canopy tours in accordance with challenge course standards;

(2) Ensure that ziplines and canopy tours are inspected at least annually by the insurance provider or a qualified challenge course professional inspector approved by the insurance provider;

(3) Train employees operating ziplines and canopy tours in accordance with challenge course standards;

(4) Procure and maintain commercial general liability insurance against claims for personal injury, death, and property damages occurring upon, in, or about the zipline or canopy tour that affords protection to the limit of not less than $1,000,000 for the injury or death of a single person, to the limit of $2,000,000 in the aggregate, and to the limit of not less than $50,000 for property damage; and

(5) Maintain the following records:

(A) Certificate of insurance;

(B) Inspection reports;

(D) Participant acknowledgment of risks and duties.

The records shall be retained for a period of at least five years from the date of creation.

§ -3 Responsibilities of participants; prohibited acts. (a) Each participant shall have a duty to act as would a reasonably prudent person when using a zipline or canopy tour offered by an operator.

(b) A participant is prohibited from:

(1) Using a zipline or canopy tour without the authority, supervision, and guidance of an operator or employee acting within the scope of the employee's employment or duties with the operator;

(2) Dropping, throwing, or expelling any object from a zipline or canopy tour except as authorized by an operator;

(3) Performing any act that interferes with the running or operation of a zipline or canopy tour; and

(4) Engaging in any harmful conduct, or wilfully or negligently engaging in any type of conduct that causes or contributes to the injury of any person.

§ -4 Operators; liability. (a) An operator shall be liable for any injury, loss, or damage caused by a failure to follow duties and standards of care pursuant to section -2, where the violation of duty is causally related to the injury, loss, or damage suffered.

(b) An operator shall not be liable for any injury, loss, or damage caused by the negligence of any person who is not an employee of the operator or for the failure of a participant to comply with section -3.

§ -5 Certificate of insurance; annual inspection. (a) No operator may knowingly permit the operation of a zipline or canopy tour without a certificate of insurance.

(b) An operator shall conduct inspections at least annually and as otherwise may be required by the insurance provider.

§ -6 Certificate of insurance; availability to public. (a) The insurance provider shall issue a certificate of insurance to the operator verifying that the operator has met the terms of this chapter.

(b) Upon issuance, a copy of the certificate of insurance, showing the last date of inspection, shall be affixed to the zipline or canopy tour, or other location designated by the insurance provider.

(c) An operator shall retain each certificate of insurance in the operator's records for five years in a form that is readily accessible to the public for inspection at any reasonable time with prior notice.

(d) The certificate of insurance shall appear in all publicity material, websites, and advertising by the operator. § -7 Notice of serious physical injury or fatality; investigations; records. (a) An operator shall notify county and state officials of any fatality or accident that resulted in serious physical injury or illness to any person that occurred during the person's use or operation of the zipline or canopy tour.

(b) Notification shall be made not later than twenty-four hours following the incident and may be made by oral, written, or electronic means; provided that such notification shall not delay emergency responses to the incident or limit an operator's responsibility to notify emergency or law enforcement personnel as soon as is practicable.

(c) An operator shall retain a record of each investigation in the operator's records for five years in a form that is readily accessible to the public for inspection at any reasonable time.

§ -8 Regulation by counties. Nothing in this chapter shall prevent any county from regulating a zipline or canopy tour; provided that such regulation shall not be related to installation, repair, maintenance, use, operation, or inspection of a zipline or canopy tour. If any ordinance or rule of any county conflicts or is inconsistent with this chapter or with the rules adopted pursuant thereto, the ordinance or rule shall be void to the extent that it conflicts with this chapter.

§ -9 Indemnification and hold harmless. The operator shall indemnify and hold harmless the State, and the State's officers, agents excluding qualified challenge course professional inspectors, and employees from and against any and all claims arising out of or resulting from activities carried out or undertaken pursuant to this chapter."

SECTION 3. The legislative auditor shall conduct a sunrise study to determine the state's interest in further regulating this industry. The analysis shall consider legislation enacted in other jurisdictions to insure the public's health and safety. SECTION 4. This Act shall take effect on July 1, 2112.

THE SENATE	S.B. NO.	2433
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII		H.D. 1