Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Economic Development and Technology and Tourism and Intergovernmental Affairs, to which was referred S.B. No. 770 entitled:

beg leave to report as follows:

The purpose of this measure is to amend the landowner liability law as to recreational use to clarify the purpose, include exceptions to immunity in liability and duty of care provisions, relieve landowners from duty to investigate risks, and make users liable for attorneys fees and court costs if the landowner is found not liable under an exception to immunity.

Your Committees received testimony in favor of this measure from the Board of Land and Natural Resources and testimony opposing this measure from the Consumer Lawyers of Hawaii.

Your Committees find that due to increasing recreational pressure on lands under Department of Land and Natural Resources jurisdiction, provisions are needed to reduce the liability exposure for private landowners and to encourage private landowners to allow for public recreational access on their lands. Your Committees find that the amendments provided by this measure will not have any impact on criminal trespassing laws.

As affirmed by the records of votes of the members of your Committees on Economic Development and Technology and Tourism and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 770 and recommend that it pass Second Reading and be referred to the Committee on Judiciary.