STAND. COM. REP. NO. 2096

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2983
                                        S.D. 1




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

Sir:

     Your Committee on Water, Land, and Hawaiian Affairs, to
which was referred S.B. No. 2983 entitled: 

     "A BILL FOR AN ACT RELATING TO LANDOWNERS' LIABILITY,"

begs leave to report as follows:

     The purpose of this bill is to clarify the definition of
"land" in the State's landowner liability law.

     Testimony in support of the measure was received from the
Consumer Lawyers of Hawaii.

     Your Committee finds that under the State's existing
landowner liability law (Chapter 520, Hawaii Revised Statutes),
the definition of "land" is somewhat unclear as to whether it
encompasses all private lands open to the public.  Your Committee
also finds that the original intent of Chapter 520, Hawaii
Revised Statutes, was to limit the liability of landowners who
provide access, for no consideration, to lands for the recreation
and enjoyment of the public-at-large.  The law was not enacted to
protect landowners from liability if the real property is open to
the public for commercial purposes.

     Consequently, your Committee believes that the bill will
provide the clarity necessary to ensure that the limited immunity
from liability provided under Chapter 520, Hawaii Revised
Statutes, is judiciously implemented.


 
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                                   STAND. COM. REP. NO. 2096
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     Your Committee has amended the measure by making a
technical, nonsubstantive amendment to accurately reflect
existing statutory language.

     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 S.B. No. 2983, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B.
No. 2983, 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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