Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Economic Development and Transportation, Military Affairs, and Government Operations, to which was referred H.B. No. 529, H.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to permit entry into caves that are a part of state or county parks if entry signs are posted.

This measure also expands the covered purposes for entering the caves to include recreational use, and protects the State and counties from liability where open entry is granted by entry signs.

The Department of Land and Natural Resources submitted testimony in support of this measure.

The Office of the Corporation Counsel for the County of Hawaii, the Consumer Lawyers of Hawaii, and a private citizen submitted testimony in opposition to this measure.

Your Committees find that the exploration of caves found in state and county parks provide a unique and valuable educational, recreational, and cultural experience that is not without its hazards. Therefore, the State and the counties must take necessary actions to ensure public safety and to protect themselves against tort liability. However, your Committees believe that the public should be allowed access, without written consent, to caves that are part of a state or county park where permission has effectively been granted by the posting of entry signs.

Therefore, your Committees have amended the measure by deleting Section 3, which would have limited the State's and counties' duties and liabilities to recreational users of caves.

As affirmed by the records of votes of the members of your Committees on Economic Development and Transportation, Military Affairs, and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 529, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 529, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.