Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Water, Land Use, and Hawaiian Affairs and Tourism and Culture, to which was referred H.B. No. 886 entitled:

beg leave to report as follows:

The purpose of this bill is to limit the State's and the counties' liability for injury or death to any person arising from the use of any beach or hiking trail that is owned or controlled by the State or counties, unless the injury or death resulted from gross negligence or wilful and wanton misconduct on the part of the State or counties.

The Maui County Council (MCC), two individual members of MCC, the County of Kauai, and a concerned individual testified in support of the bill. The Department of Land and Natural Resources and the Department of Parks and Recreation of the County of Hawaii supported the intent of the measure. The Consumer Lawyers of Hawaii opposed the bill.

As affirmed by the records of votes of the members of your Committees on Water, Land Use, and Hawaiian Affairs and Tourism and Culture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 886 and recommend that it pass Second Reading and be referred to the Committee on Judiciary.