STAND. COM. REP. NO. 459-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2195

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 2195 entitled:

"A BILL FOR AN ACT RELATING TO LANDOWNERS,"

begs leave to report as follows:

The purpose of this bill is to protect landowners by limiting the liability of landowners to persons entering their land without permission or consent.

The Department of Land and Natural Resources and Land Use Research Foundation of Hawaii testified in support of this measure. The Consumer Lawyers of Hawaii testified in opposition to this measure.

Individuals entering residential properties for the purposes of gaining access to public lands for recreational purposes is a common occurrence. Unfortunately, these individuals may be injured in the process. Your Committee finds that holding a property owner liable for injuries an individual incurs while on private property without the knowledge or consent of the property owner would not be fair and reasonable.

However, your Committee understands the concerns raised by the Consumer Lawyers of Hawaii that this measure is general in nature and may have unintended consequences. Accordingly, your Committee has amended this measure by:

(1) Restricting the application of the limited liability provision to residential landowners;

(2) Changing the effective date to July 1, 2010, for purposes of further discussion; and

(3) Making technical, nonsubstantive changes for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2195, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2195, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair