Zip line bills die but issue still flies

A Senate bill to regulate the zip line industry died last week, about six months after a worker plunged 100 feet to his death in Paukaa near Hilo and another was critically injured when a tower toppled and the 2,300-foot zip line went slack.

But a resolution to have the state auditor study the issue will likely be heard Wednesday on the House floor.

The bill sought to protect visitors and residents who take the thrill rides by establishing standards and regulations for operators and requiring annual inspections and a certificate of insurance from the operator’s insurance provider.

But because the Senate bill, and a similar House bill, proposed to regulate an industry, which requires the state auditor to conduct a thorough study before legislation can be proposed, both measures failed.

"I’m quite frustrated that the bill has died," said Ilene Callaway, mother of 36-year-old Ted Callaway, who was killed in the accident. "It’s sounding more and more like it could have been prevented."

She added, "My concern is people think when they get on a zip line, it’s safe. Obviously it’s not. Apparently the regulations weren’t up to snuff in the state of Hawaii. That’s my No. 1 concern."

Callaway wants to know exactly what happened to her son, and for those findings to be made public.

"I want to make sure it doesn’t happen to somebody else," she said. "Nobody should ever have to wonder what their son was thinking when the line was going down."

The House Finance Committee failed to hear SB 2433, SD 2, HD 1 on Wednesday, essentially killing the bill.

Rep. Angus McKelvey (D, Olowalu-Kapalua), who with Rep. Mark Nakashima (D- Kohala-Hamakua-North Hilo) introduced the companion House bill, said legitimate zip line operators have complained that "wildcat operators are popping up."

The zip line operators who supported the bill asked for the adoption of standards set by the Association for Challenge Course Technology, whose members are zip line and canopy tour course builders.

Among the ACCT board members is Todd Domeck, owner of GoZip LLC and Experiential Resources Inc., which built the zip line course for Gary Marrow of Kapohokine Adventures in Paukaa, scene of the fatal accident.

Domeck told police he built the course to ACCT standards, according to a 217-page Hawaii County police report.

The report, including an independent engineering firm report, shows the zip line tower suddenly collapsed after screw anchors and tower poles were completely pulled from the ground.

McKelvey said other problems with the bills included requiring insurance companies, which have no zip line expertise, to perform zip line inspections.

The state would have also required industry members to contribute toward a fund that would pay for regular inspections. But the zip line industry is very small, and "the fees would be so high, it might drive a lot of them out of business," he said.

Sen. Roz Baker (D, Honokohau-Makena) said she proposed the bill after zip line operators on Maui approached her to ask for regulation on the burgeoning new industry.

"I was hoping that we could have gotten a little bit more vetting and due diligence, but sometimes it’s not easy to do that during the crush of a legislative session," Baker said. "We have to do more in the interim. There may be more zip lines coming onboard, and we need to work with the counties to make sure they’re going through the proper process."