STAND. COM. REP. NO. 972

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 582
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Water, Land, and Hawaiian Affairs, to
which was referred H.B. No. 582, H.D. 2, entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to provide governmental
agencies with civil liability immunity when injuries occur on
public trails and accesses.

     Testimony in support of the measure was received from the
Board of Land and Natural Resources, the Kauai Na Ala Hele
Council, the Consumer Lawyers of Hawaii, the Hawaii Rifle
Association, the Peoples Advocacy for Trails Hawaii, and two
concerned citizens.  Testimony in opposition to the measure was
received from the City and County of Honolulu's Department of the
Corporation Counsel.

     Your Committee finds that providing government with
protection from liability in cases where injuries occur on
unimproved trails will facilitate the opening of more trails for
public use.

     Your Committee has amended the measure by:

     (1)  Limiting the immunity for government-owned lands to
          trails as established under section 198D-6, Hawaii
          Revised Statutes; and

 
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                                   STAND. COM. REP. NO. 972
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     (2)  Stating that the immunity is not extended to lands used
          by any person for a commercial purpose.

     In stating that the immunity provided under the amended
measure is not extended to lands used by any person for a
commercial purpose, it is not your Committee's intent to exclude
public trails from the immunity provided therein when a permit is
granted by a governmental agency to conduct guided tours.  To
this end, the issuance of such a permit does not constitute a
"commercial purpose".

     As affirmed by the record of votes of the members of your
Committee on Water, Land, 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. 2, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as H.B. No. 582, H.D. 2, S.D. 1, and be referred to the
Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Water, Land, and
                                   Hawaiian Affairs,



                                   ______________________________
                                   COLLEEN HANABUSA, Chair

 
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