STAND. COM. REP. NO.  405-14

Honolulu, Hawaii

                , 2014

RE:   H.B. No. 588

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Water & Land, to which was referred H.B. No. 588 entitled:

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

begs leave to report as follows:

The purpose of this measure is to make permanent the liability protections provided by outdoor warning signs for outdoor recreation on public lands.

The Department of the Corporation Counsel of the City and County of Honolulu provided testimony in support of this measure.  The Hawaii Association for Justice provided testimony in opposition to this measure.  The Department of the Attorney General, Department of Land and Natural Resources, and numerous individuals provided comments on this measure.

     Your Committee has amended this measure by:

     (1)  Increasing the liability protections for the State and counties by extending the conclusive presumption for legally adequate warning to include signage warning of dangerous, non-natural conditions on unimproved public lands;

     (2)  Changing its effective date to June 29, 2014; and

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

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 588, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 588, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

CINDY EVANS, Chair