STAND

STAND. COM. REP. NO.1231

Honolulu, Hawaii

, 2003

RE: H.B. No. 1214

H.D. 2

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1214, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY,"

begs leave to report as follows:

The purpose of this measure is to afford the State and counties protection from liability by establishing a process for posting signs warning of dangerous natural conditions on improved public lands.

Testimony in support of this measure was received from the Department of the Attorney General, one member of the Maui County Council, the Department of Land and Natural Resources, and the Sierra Club. Testimony in opposition was received from the Consumer Lawyers of Hawaii and an attorney.

Your Committee finds that many of Hawaii's improved and unimproved public lands pose risk of injury to users from dangerous natural conditions. Without some protection from State liability for injuries occurring on public lands, many recreational areas would have to be closed.

Your Committee further finds that many other states have established complete immunity for liability resulting from public recreational use on state lands. This measure strikes an equitable balance between the personal responsibility of people engaged in recreational pursuits and the duty of government to take reasonable measures to protect the public from harm by providing adequate warning.

Your Committee amended the bill by:

(1) Removing all references to "the chairperson" of the board of land and natural resources except as listed on the risk assessment working group;

(2) Adding a requirement to §663- (f), Hawaii Revised Statutes (HRS), that the board of land and natural resources adopt rules pursuant to chapter 91, HRS, establishing standards to guide the department of land and natural resources and the risk assessment working group in the general design and placement of warning signs;

(3) Clarifying in §663- (f), HRS that chapter 91 only applies to the rule making process;

(4) Changing the effective date from July 1, 2050 to July 1, 2003; and

(5) Making technical, nonsubstantive changes for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1214, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1214, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair