STAND. COM. REP. NO. 951

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 582
                                     H.D. 2




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. 582, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO LANDOWNER LIABILITY,"

begs leave to report as follows:

     The purpose of this bill is to grant property owners
immunity from civil liability when a person, engaged in a
recreational activity, is injured on the property owner's land.

     Testimony in support of this bill was received from the
Board of Land and Natural Resources, the Department of the
Corporation Counsel, City and County of Honolulu, the County
Council, County of Maui, the County of Hawaii Advisory Committee
on Bicycle and Pedestrian Safety, the Peoples Advocacy for Trails
Hawaii, The Gentry Companies, the Hawaii Rifle Association, the
Hawaii Cattlemen's Council, Inc., the Land Use Research
Foundation of Hawaii, and the Hawaii Equestrian and Trails
Association.  Testimony in opposition to the bill was received
from the Consumer Lawyers of Hawaii.

     Your Committee finds that the State's ability to provide
public access to mountain and shoreline areas for recreational
purposes will be enhanced if it is provided the same level of
protection as is provided to private landowners.

     Your Committee has amended this bill by:

 
 
 
 
                                 STAND. COM. REP. NO. 951
                                 Page 2

 

     (1)  Deleting language that provided complete immunity for
          owners or lessees of land from civil liability for
          injuries while persons are using the land for
          recreational purposes;

     (2)  Retaining provisions in Section 520-4, Hawaii Revised
          Statues; and

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

     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
purpose of H.B. No. 582, H.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as H.B. No. 582, H.D. 2.

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



                                   ______________________________
                                   PAUL T. OSHIRO, Chair