STAND. COM. REP. NO. 90

Honolulu, Hawaii

, 2005

RE: H.B. No. 1113

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 1113 entitled:

"A BILL FOR AN ACT RELATING TO STATE AND COUNTY TORT LIABILITY,"

begs leave to report as follows:

The purpose of this bill is to repeal the sunset date for:

(1) Public land liability immunity established under Act 190, SLH 1999; and

(2) State and county tort liability relating to lifeguard services established under Act 170, SLH 2002.

The Department of the Attorney General, Department of Land and Natural Resources, Kauai County Council Chair, Office of the County Attorney, Kauai, and a Maui County Council member testified in support of the bill.

Your Committee finds that posting signs for public safety in return for protection for various governments against liability has given the public safer access to recreational areas and removed an unnecessary and unreasonable burden on government agencies. Therefore, your Committee agrees that these provisions should be made permanent.

As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1113 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

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

 

____________________________

EZRA R. KANOHO, Chair