STAND. COM. REP. NO. 504

Honolulu, Hawaii

RE:    S.B. No. 1041

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1041 entitled:

"A BILL FOR AN ACT RELATING TO RANGE LAND LIABILITY,"

begs leave to report as follows:

     The purpose and intent of this measure is to protect owners of range land from the effects of trespassing crimes by creating a rebuttable presumption that an owner of range land owes no duty of care toward a trespasser for injury, property damage, or death that occurs on the range land, provided that the land is enclosed, and has signage indicating that the property is private property, and the range land owner is not grossly negligent and does not intentionally cause the injury, property damage, or death.

     Your Committee received testimony in support of this measure from the Hawaii Farm Bureau Federation and the Hawaii Cattlemen's Council, Inc.  Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice.

     Your Committee finds that trespassing crimes are a serious problem to cattle ranchers and the producers of other agricultural commodities across the State.  Trespassers use private property without permission for hiking, hunting, dirt biking, and sometimes illegal activities.  While these trespassers are on ranch land without permission, they can injure themselves then sue the ranch land owners.  Your Committee further finds that it is unreasonable to require owners of ranch land to make safe their land for trespassers.

     Your Committee notes that there is another measure, S.B. No. 1079, that has been referred to your Committee and also relates to agricultural and ranch land owner liability to trespassers. S.B. No. 1079 overlaps somewhat with this measure as received by your Committee on Judiciary and Labor.  Your Committee expects that this measure as received and S.B. No. 1079 will be merged by subsequent committees in an effort to establish a consistent objective to resolving the issues in this measure.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     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. 1041, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1041, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

CLAYTON HEE, Chair