STAND. COM. REP. NO. 2871

Honolulu, Hawaii

RE:    S.B. No. 2170

       S.D. 1

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. 2170 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to include public beach parks in the definition of "improved public lands" to enable the State and counties to limit governmental liability for injuries caused by dangerous natural conditions on or near public beach parks.

     Your Committee received testimony in support of this measure from the Maui County Council and the Hawaii County Council.

     Your Committee finds that Act 82, Session Laws of Hawaii 2003, provided the State and the counties with the means to limit their liability for injuries that may be caused by dangerous natural conditions found on public lands.

     Your Committee finds that dangerous natural conditions exist within or abut some of the State's or counties' beach parks, including dangerous natural conditions such as cliffs, large trees, boulders, and deep streams and rivers.

     Your Committee has amended this measure by changing the effective date to July 1, 2050, for the purpose of facilitating further discussion.

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

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

____________________________

BRIAN T. TANIGUCHI, Chair