STAND. COM. REP. NO.203

Honolulu, Hawaii

, 2003

RE: S.B. No. 1418

S.D. 1

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 1418 entitled:

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

begs leave to report as follows:

The purpose of this measure is to protect the State and counties from liability on improved and unimproved public lands when the requirements of this measure are met.

Testimony in support of this measure was submitted by the State Attorney General, the Kauai County Attorney, the Sierra Club, a member of the Na Ala Hele Advisory Committee, and Downhill Hawaii. Testimony in support of this measure with proposed amendments was submitted by the Board of Land and Natural Resources. Testimony in opposition to the measure was submitted by the Consumer Lawyers of Hawaii.

The measure also establishes a risk assessment working group attached to the Department of Land and Natural Resources to assist the Department in the design and placement of warning signs and other devices.

Your Committee finds that the State and counties need protection from liability arising from the inherent risks posed by improved and unimproved public lands under their jurisdictions. Your Committee also finds that it is necessary to strike an equitable balance between the personal responsibility of people engaged in recreational pursuits and the duty of the government to take reasonable measures to protect citizens from harm by providing adequate warning.

Accordingly, your Committee has amended the measure to effectuate the amendments suggested by the Board of Land and Natural Resources by:

(1) Adding improved lands of the counties into the definitions of "lands", "improved lands", and "unimproved lands";

(2) Removing the definitions of "public lands" and "public trails and access" as they are unnecessary;

(3) Establishing the provisions of the measure as a new part in chapter 663, Hawaii Revised Statutes, so that the amended definitions only pertain to the new part;

(4) Establishing the risk assessment working group in chapter 171, Hawaii Revised Statutes, rather than in general law; and

(5) Making technical, nonsubstantive amendments for purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1418, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1418, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,

____________________________

LORRAINE R. INOUYE, Chair