Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1276, H.D. 3, entitled:

begs leave to report as follows:

The purpose of this measure is to allow the Department of Land and Natural Resources to enter into indemnity and defense agreements to protect landowners and persons associated with landowners from the threat of liability from persons injured while crossing private property to access a public trail.

Your Committee finds that it is important to retain public access to public trails and, where necessary, for private landowners to provide public use of their lands. This measure clarifies the extent of indemnification of landowners who provide such public use of their lands and provides a balanced approach to allowing access to public lands while protecting private property interests.

Your Committee amended this measure by making technical nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1276, H.D. 3, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1276, H.D. 3, S.D. 1.