STAND. COM. REP. NO. 2875

Honolulu, Hawaii

RE:    S.B. No. 2065

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2065, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LANDOWNER LIABILITY FOR NATURAL CONDITIONS,"

begs leave to report as follows:

     The purpose of this measure is to protect landowners

from liability from any damages occurring outside of their land which may have been caused by naturally occurring land failures.

     Your Committee received testimony in support of this measure from the Department of the Attorney General, the Department of Land and Natural Resources, the City and County of Honolulu Department of Corporation Counsel, and Kamehameha Schools.

     Your Committee finds that this measure removes the liability exposure for naturally occurring movement of unimproved lands owned by private conservation landowners and encourages them to preserve, maintain, and prudently manage their conservation lands in the lands' natural state.

     Your Committee has amended this measure by deleting section 1 and making a technical, nonsubstantive amendment for the purpose of clarity.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2065, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2065, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

BRIAN T. TANIGUCHI, Chair