STAND. COM. REP. NO. 2624

Honolulu, Hawaii

RE:    S.B. No. 2433

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 2433, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to require the permitting and inspection of ziplines and canopy tours in Hawaii.

     Written comments in opposition to this measure were submitted by the Department of Labor and Industrial Relations.

     Your Committee finds that canopy tours and ziplines are popular amusements that are enjoyed by Hawaii's residents and visitors alike.  However, your Committee also finds that these activities involve suspending participants high above the ground, and as such, there is an inherent risk to participants.  Your Committee finds that the establishment of safety standards and regulations for the structure, operation, and maintenance of canopy tours and ziplines, including requiring annual inspections, will help to ensure the safety of these facilities.

     Your Committee has amended this measure by:

(1)  Specifying that the operator of a canopy tour or zipline shall not be liable for any injury, loss, or damages that result from a participant engaging in certain prohibited activity under this measure;

(2)  Requiring that rules adopted by the Department of Labor and Industrial Relations make the issuance of a permit to a zipline or canopy tour operator contingent upon the certification by a qualified engineer regarding the integrity of the design, structures, and anchoring systems of the zipline or canopy tour for which the permit is sought; and

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

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2433, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2433, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair