STAND. COM. REP. 732
Honolulu, Hawaii
, 2003
RE: H.B. No. 529
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 529 entitled:
"A BILL FOR AN ACT RELATING TO CAVE PROTECTION,"
begs leave to report as follows:
The purpose of this bill, as received, is to:
(1) Permit entry into caves in state or county parks if entry signs are posted;
(2) Specify recreation as an allowable reason to enter a cave; and
(3) Protect the State and counties from liability where entry and warning signs are posted.
The Department of Land and Natural Resources and several councilmembers of the County of Maui testified in support of this measure. The Consumer Lawyers of Hawaii testified in opposition to the part of this measure that would grant immunity to the State or county if a recreational user were permitted to enter a cave.
Your Committee finds that this measure will enable state and county agencies to encourage public enjoyment of caves as park resources.
Your Committee has amended this measure by:
(1) Deleting the provision that would absolve the State and counties from liability for injuries in caves within parks if permission to enter is granted by posting;
(2) Deleting superfluous references to specific statutory chapters in the provision concerning the applicability of other laws; and
(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 529, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 529, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
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