STAND

 

STAND. COM. REP. 58

Honolulu, Hawaii

, 2003

RE: H.B. No. 217

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Tourism and Culture, to which was referred H.B. No. 217 entitled:

"A BILL FOR AN ACT RELATING TO SPORTS AND RECREATIONAL ACTIVITY LIABILITY,"

begs leave to report as follows:

The purpose of this bill is to limit the liability of providers of sports or recreational activities by, among other things:

(1) Making providers of sports or recreational activities liable for negligent acts or omissions that cause injury;

(2) Providing additional examples of sports or recreational activities that are governed by the sports or recreational activity liability laws under section 663-1.54, Hawaii Revised Statutes;

(3) Repealing the requirements relating to written releases that waive the provider's liability for damages or injuries resulting from the inherent risks of the sports or recreational activity; and

(4) Establishing that any person who takes part in any sports or recreational activity assumes the inherent risks in that activity, whether those risks are known or unknown.

Testimony in support of this bill was submitted by the Hawaii

Tourism Authority and the Ocean Tourism Coalition. Consumer Lawyers of Hawaii opposed this measure.

Your Committee notes that the high costs of liability insurance for providers of sports or recreational activities are a significant problem for the service and tourism industries. This bill addresses this concern and the issue of unreasonable or frivolous lawsuits by making the patrons or consumers of the activity assume responsibility for the inherent risks of sports or recreational activities.

As affirmed by the record of votes of the members of your Committee on Tourism and Culture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 217 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Tourism and Culture,

 

		____________________________ JERRY L. CHANG, Chair