Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 1214 entitled:

begs leave to report as follows:

The purpose of this bill is to protect the State and counties from liability arising out of the public's use of improved and unimproved public lands.

Specifically, this bill specifies that the government has no duty to warn the public of dangerous conditions on unimproved public lands. Furthermore, with regard to improved public lands, this measure creates a conclusive presumption that the government's duty to warn the public of dangerous conditions on improved public lands is met if warning signs are posted.

This measure requires that the design and placement of the signs be approved by the Chairperson of the Board of Land and Natural Resources after consultation with the risk assessment working group. This measure also establishes the risk assessment working group.

The Department of Land and Natural Resources, the State Attorney General, Hawaii Rifle Association, and Downhill Hawaii, testified in support of the measure.

The Consumer Lawyers of Hawaii opposed this measure.

Your Committee finds that the State and counties need protection from liability arising from the inherent risks posed by improved and unimproved lands under their jurisdiction. Your Committee also finds that it is necessary to strike an equitable balance between the personal responsibility of people engaged in recreational pursuits and the duty of the government to take reasonable measures to protect citizens from harm by providing adequate warning.

Your Committee further finds that this measure is modeled upon Act 190, Session Laws of Hawaii 1996, on public beach parks. Your Committee also notes that Act 190 is scheduled for repeal on June 30, 2003.

Your committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1214, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1214, H.D. 1, and be referred to the Committee on Judiciary.