STAND. COM. REP. NO. 782

Honolulu, Hawaii

RE:    S.B. No. 1168

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.B. No. 1168, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LIMITED LIABILITY FOR MOUNTAIN CLIMBING, ROCK CLIMBING, RAPPELLING, AND BOULDERING ON GOVERNMENT LAND,"

begs leave to report as follows:

     The purpose of this measure is to ensure the availability of public lands for outdoor recreational activities while protecting the State from unreasonable liability.

Specifically, this measure expressly provides public entities and public employees with immunity from liability for injury or damage sustained by persons on government land when engaged in mountain climbing, rock climbing, rappelling, or bouldering.

     Your Committee received written comments in support of this measure from the Department of Land and Natural Resources, The Access Fund, and numerous individuals.

     Your Committee finds that there has been an increasing trend in public recreation throughout the United States and Hawaii to pursue mountain climbing, rock climbing, rappelling, bouldering, and related activities that require special skills, equipment, and specific geologic features.  As the State has jurisdiction over millions of acres of land, staff limitations, and insufficient knowledge of all possible locations statewide that may be used for these activities, it would be extremely difficult for the State to regulate or manage the activities.  Rather than attempting to impose and enforce prohibitions, this measure will provide government entities with immunity from liability while also allowing recreational users of public lands to continue pursuing these activities.

     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 S.B. No. 1168, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair