CONFERENCE COMMITTEE REP. NO.92
Honolulu, Hawaii
, 2005
RE: H.B. No. 1276
H.D. 3
S.D. 1
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1276, H.D. 3, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PUBLIC ACCESS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this bill is to expand public recreational opportunities by allowing the Department of Land and Natural Resources (DLNR) to enter into indemnity and defense agreements to protect parties associated with landowners from potential claims and property loss associated with public use of private lands.
Upon further consideration, your Committee on Conference has amended this bill by:
(1) Clarifying the manner in which DLNR would indemnify a landowner for property losses by:
(a) Providing a process for reimbursement of property losses due to public use; and
(b) Allowing DLNR to settle small claims for losses up to $10,000 per year to be paid from the trail and access program special funds;
(2) Changing the effective date to July 1, 2005; and
(3) Making technical, nonsubstantive amendments for clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1276, H.D. 3, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1276, H.D. 3, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ RUSSELL S. KOKUBUN, Chair |
____________________________ EZRA R. KANOHO, Co-Chair |
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____________________________ COLLEEN HANABUSA, Co-Chair |
____________________________ SYLVIA LUKE, Co-Chair |
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____________________________ BRIAN T. TANIGUCHI, Co-Chair |
____________________________ MICHAEL Y. MAGAOAY, Co-Chair |
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