STAND. COM. REP. NO.  1081-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2433

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Economic Revitalization & Business and Tourism, to which was referred S.B. No. 2433, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CHALLENGE COURSE TECHNOLOGY,"

beg leave to report as follows:

The purpose of this measure is to require the permitting and inspection by the Department of Labor and Industrial Relations of ziplines and canopy tours in Hawaii.

Piholo Ranch Zipline and an individual testified in support of this measure.  The Representative from the First Representative District of the State of Hawaii testified in support of this measure with amendments.  The Department of Labor and Industrial Relations and the Department of Commerce and Consumer Affairs provided comments on this measure.

     Your Committees have amended this measure by:

     (1)  Removing the requirement that zipline and canopy tours obtain permits and inspections from the Department of Labor and Industrial Relations;

     (2)  Requiring that zipline and canopy tours obtain a certificate of insurance from the operator's insurance provider;

     (3)  Requiring that the insurance provider or qualified challenge course professional inspector approved by the insurance provider verify annually that the zipline or canopy tour is in compliance with approved challenge course standards;

     (4)  Requiring that the certificate of insurance shall appear in all publicity material, websites, and advertising by the operator;

     (5)  Requiring an operator to notify county or state officials of any fatality or accident that resulted in serious physical injury or illness that occurred during a person's use or operation of the zipline or canopy tour;

     (6)  Requiring that the Legislative Auditor conduct a sunrise study on the regulation of zipline and canopy tours;

     (7)  Changing the effective date to July 1, 2112, to facilitate further discussion; and

     (8)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Economic Revitalization & Business and Tourism that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2433, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2433, S.D. 2, H.D. 1, and be referred to the Committees on Consumer Protection & Commerce and Judiciary.

Respectfully submitted on behalf of the members of the Committees on Economic Revitalization & Business and Tourism,

____________________________ TOM BROWER, Chair

____________________________ ANGUS L.K. McKELVEY, Chair