STAND. COM. REP. NO. 255

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1007

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committees on Water and Land and Public Safety, Intergovernmental and Military Affairs and Judiciary and Labor, to which was referred S.B. No. 1007 entitled:

 

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

 

beg leave to report as follows:

 

     The purpose of this Act is to amend Act 82, Session Laws of Hawaii 2003 (Act 82), relating to public land liability, to amend and clarify the definition of "improved public lands."

 

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Department of the Attorney General, Corporation Counsel of the City and County of Honolulu, and eleven individuals.  Your Committees received testimony in opposition to this measure from Hawaii Association for Justice.

 

     Act 82 established a process in which the State and counties are provided protection from liability on improved public lands when certain requirements are met.  This measure ensures that the intent of the Legislature to limit the liability of the State, as well as to preserve the natural beauty of the parks for the use and enjoyment of the public, is accomplished.  This measure balances the State's interest in posting warnings at developed and maintained locations where it expects public access against the competing interest of preserving access to the natural beauty of the undeveloped areas of the park system by limiting the State's liability consistent therewith.

     Act 82 as currently written, does not distinguish between parks and trails constructed, owned, and maintained by the State and counties and other lands that, although part of the state park system, are unimproved and not maintained by the State or counties. This measure would clarify that the State or counties do not have a duty to warn of dangerous natural conditions on public land that is part of the park system if the land is unimproved and not developed or maintained by the State or county.

 

     This measure also defines and excludes "voluntary trails" from the definition of "improved public lands" since these unofficial trails and routes are created by members of the public without the knowledge or permission of the State or counties.

 

     Your Committees have amended this measure by:

 

     (1)  Deleting the reference to public beach park in the definition of "improved public lands" on the recommendation of the Corporation Counsel of the City and County of Honolulu; and

 

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

 

     As affirmed by the records of votes of the members of your Committees on Water and Land and Public Safety, Intergovernmental and Military Affairs and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1007, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1007, S.D. 1, and be referred to the Committee on Ways and Means.

 


Respectfully submitted on behalf of the members of the Committees on Water and Land and Public Safety, Intergovernmental and Military Affairs and Judiciary and Labor,

 

____________________________

WILL ESPERO, Chair

 

____________________________

MALAMA SOLOMON, Chair

 

 

____________________________

CLAYTON HEE, Chair