STAND. COM. REP. NO. 724

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 160
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 160 entitled: 

     "A BILL FOR AN ACT RELATING TO STATE AND COUNTY IMMUNITY
     FROM LIABILITY,"

begs leave to report as follows:

     The purpose of this bill is to repeal the sunset date for
state and county immunity from liability at public beach parks.

     Testimony in support of this bill was received from the
Department of Land and Natural Resources, the Mayor of the County
of Maui, the Maui County Council, the Department of Parks and
Recreation of the City and County of Honolulu, and the Office of
the County Attorney for the County of Kauai.  The Consumer
Lawyers of Hawaii also submitted testimony on this bill.

     Your Committee finds that the State and County governments
have no control over the natural conditions of the ocean
surrounding the islands of the State of Hawaii.  Where the State
or County governments have posted warning signs pursuant to
existing law at ocean front, and have thereby fulfilled their
duty to warn the public of possible dangers, it is reasonable
that neither the State nor Counties should be held liable for
injuries resulting from public negligence. 

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and

 
 
                                 STAND. COM. REP. NO. 724
                                 Page 2

 
purpose of H.B. No. 160 and recommends that it pass Second
Reading and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair