Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 1261 H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to authorize the counties to impose an actionable duty upon private property owners to prevent potential danger to persons or property due to falling rocks or other dangerous conditions.

Your Committee finds the need to clarify the duty of the owners of privately held land to protect the health, safety, and welfare of the people of this State from unreasonable dangers caused by falling rocks.

Two individuals, including a member of the Honolulu City Council, testified in favor of this bill. Two individuals, including a spokesperson for the Department of the Corporation Counsel, City and County of Honolulu, testified in opposition to this bill.

As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1261, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary.