Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Water, Land, Energy and Environment and Tourism and Intergovernmental Affairs, to which was referred S.B. No. 2653 entitled:

beg leave to report as follows:

The purpose of this measure is to add counties to the law limiting liability for land owners who make land and water areas available for recreational purposes.

Testimony in support of this measure was received from the Department of Land and Natural Resources, the County of Hawaii's Planning Department and Office of Corporation Counsel, Kauai Office of County Attorney, Maui County Council and three Members, and Hawaii State Association of Counties. The Consumer Lawyers of Hawaii testified in opposition.

Your Committees find that Act 186, Session Laws of Hawaii (SLH) 1969, and Act 272, SLH 1997, were enacted by the Legislature to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability towards persons entering for such purposes.

Your Committees have heard that extending this limitation of liability to the counties will encourage the counties to develop more public recreational areas and provide increased recreational opportunities for the public. The County of Hawaii, for example, is working to formalize and secure access in areas that may been used informally for years, such as trails to fishing sites.

Your Committees support the counties efforts to expand recreational opportunities for residents and visitors alike, and understand the importance of limitation on liabilities for the counties to succeed in this endeavor.

Your Committees have heard concerns regarding the deletion of all government-owned lands from the definition of "land", as the measure addresses only county-owned lands, and defer to the Committee on Judiciary for further amendments to clarify this change.

As affirmed by the records of votes of the members of your Committees on Water, Land, Energy and Environment 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. 2653 and recommend that it pass Second Reading and be referred to the Committee on Judiciary.