STAND. COM. REP. NO. 468-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2668
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Water and Land Use, to which was referred
H.B. No. 2668 entitled: 

     "A BILL FOR AN ACT RELATING TO PUBLIC LAND,"

begs leave to report as follows:

     The purpose of this bill is to establish a new chapter
relating to public land liability immunity.  Under this chapter:

     (1)  Neither a government nor a government officer or
          employee would be liable for an injury caused by a
          natural condition of any unimproved public land,
          including any natural condition of any lake, stream,
          bay, river, or public beach; and

     (2)  Public beaches would be deemed to be in a natural
          condition and unimproved, notwithstanding the provision
          or absence of public services such as lifeguards,
          police or sheriff patrols, medical services, fire
          protection services, beach cleanup services, seawalls,
          revetments, groins, or other shore protection
          structures or signs.

     This bill also repeals Act 190, Session Laws of Hawaii (SLH)
1996, which provided conditional immunity for beach park
liability based on a signage implementation procedure.

     A member of the Maui County Council testified in support of
this bill.  The Department of Transportation also supported the

 
 
                                 STAND. COM. REP. NO. 468-00
                                 Page 2

 
intent of this measure but deferred comments to the Department of
Land and Natural Resources (DLNR).  The DLNR opposed passage of
this measure.  

     Your Committee has amended this bill by retaining the task
force on beach and water safety that was established under Act
190, SLH 1996.  This task force provides consultation to the
Chairperson of the Board of Land and Natural Resources regarding
the design and placement of warning signs, devices, or systems at
public beach parks.

     As affirmed by the record of votes of the members of your
Committee on Water and Land Use that is attached to this report,
your Committee is in accord with the intent and purpose of H.B.
No. 2668, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2668, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

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



                                   ______________________________
                                   ROMY M. CACHOLA, Chair