STAND. COM. REP. NO. 2776

Honolulu, Hawaii

RE:    S.B. No. 2620

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 2620, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to expand the conclusive presumption of signage as legally adequate warning of dangerous conditions to include "non-natural" conditions on unimproved public land.  

     Your Committee received written comments in support of this measure from the Department of the Attorney General and Department of Land and Natural Resources.

     Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice.

     Your Committee finds that expanding the conclusive presumption of signage as legally adequate warning of dangerous conditions to "non-natural" conditions on unimproved public land will limit public entity liability in actions based upon the duty to warn of certain conditions.

     Your Committee notes that stakeholders have been requested to continue discussion about points of contention in this measure as it works its way through the legislative process.

     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. 2620, S.D. 1, and recommends that it pass Third Reading.

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

________________________________

JILL N. TOKUDA, Chair