STAND. COM. REP. NO. 2639

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2224
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2224 entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to clarify that a trespasser
entering private land for recreational purposes is liable for any
injuries incurred and thereby mitigates the liability of the
landowner.

     Your Committee finds that the intent of Chapter 520, Hawaii
Revised Statutes, is to encourage private landowners to allow
recreational use of their property by reducing their liability
for injuries which might be incurred by such users.  Your
Committee further finds that it was also intended that these
recreational users receive permission prior to entering the
private property.  However, your Committee notes that the
provisions limiting landowner liability did not anticipate
recreational users who did not first request permission and thus
are trespassing on private land.  Your Committee agrees that
private landowners should similarly not be liable for injuries
incurred by trespassers.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2224, and recommends that it pass Second Reading and be placed on
the calendar for Third Reading.

 
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                                   STAND. COM. REP. NO. 2639
                                   Page 2



                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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