CONFERENCE COMMITTEE REP. NO. 8-08

Honolulu, Hawaii

                 , 2008

RE:    S.B. No. 2170

       S.D. 1

       H.D. 1

       C.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2170, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC LAND,"

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 measure is to remove the exclusion of public beach parks falling within Act 190, Session Laws of Hawaii  1996 ("Act 190"), from the definition of "improved public lands" in Act 82, Session Laws of Hawaii 2003 ("Act 82").

Act 82 recognizes that many public lands are inherently dangerous and contain potential risks, especially for those who are unprepared, participate in hazardous recreational activities, or choose to ignore warning signs.  Striking an equitable balance between the personal responsibility of individuals engaged in recreational pursuits on public lands and the government's duty to protect its citizens from harm, Act 82 establishes a conclusive presumption that signage warning of dangerous natural conditions on improved public lands constitutes legally adequate warning of those conditions, provided that certain design, placement, and inspection requirements are met.

     While Act 82 clearly applies to state and county park systems, it does not apply to public beach parks, since it excludes from the definition of "improved public lands", any public beach park falling within Act 190.  Whether any public beach park falls under Act 190, however, is unclear, since that Act develops a legally adequate warning system for dangerous natural conditions in the ocean adjacent to a public beach park, but not necessarily for the public beach park itself.

     Public beach parks are an important part of the public park system that should not be singled out from other types of parks within the State.  Accordingly, this bill clarifies that Act 82 applies to public beach parks.

     Your Committee has amended this measure by changing the effective date to be upon approval.

     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 S.B. No. 2170, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2170, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ KEN ITO, Co-Chair	____________________________ LORRAINE R. INOUYE, Chair
____________________________ TOMMY WATERS, Co-Chair	____________________________ BRIAN T. TANIGUCHI, Co-Chair