STAND. COM. REP. NO.426

Honolulu, Hawaii

, 2003

RE: S.B. No. 529

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Economic Development and Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 529 entitled:

"A BILL FOR AN ACT RELATING TO CAVE PROTECTION,"

beg leave to report as follows:

The purpose of this measure is to allow entry into caves that are part of state and county parks when entry signs are posted and expand the circumstances under which a person may lawfully enter a cave and to provide immunity from liability for owners, including the State and counties, that allow access to caves on their property.

Testimony supporting this measure was received from the Board of Land and Natural Resources, three members of the Maui County Council, and three individuals. Testimony opposing this measure was received from the Consumer Lawyers of Hawaii. The Hawaii Speleological Survey and two individuals submitted testimony suggesting amendments to the measure.

Specifically, the measure allows cave access for caves in state or county parks without written permission as long as signs are posted that grant entry and expands permissible circumstances for entering a cave to include recreational use. The measure also extends immunity from liability to cave owners who provide cave access for this purpose.

Your Committees find that Hawaii's caves are a valuable natural resource for research, education, recreation, and tourism. Although every effort should be made to protect Hawaii's caves, the State should also encourage sharing of this natural resource. Enactment of the Hawaii Cave Protection Act in 2002, made great strides in protecting and providing access to Hawaii's caves. This measure provides necessary changes to further fulfill this intent. Your Committees have amended this measure by:

(1) Providing that written permission from an owner of a cave is not required for:

(a) Entry into caves that are designated as part of a state or county park and permission to enter is posted;

(b) Entry for scientific purposes as defined in section 6D-1; provided that the cave owner has not posted the entrance against entry;

(c) Entry for cave mapping to determine the ownership of a cave; and

(d) Entry for resource inventory and human impact studies;

(2) Deleting the provisions providing that the State and counties shall not be held liable for injuries occurring in caves within state or county parks where written permission is waived and permission granted by posting; and

(3) Making a technical, nonsubstantive amendment for the purpose of style.

As affirmed by the records of votes of the members of your Committees on Economic Development and Transportation, Military Affairs, and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 529, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 529, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committees on Economic Development and Transportation, Military Affairs, and Government Operations,

____________________________

CAL KAWAMOTO, Chair

____________________________

CAROL FUKUNAGA, Chair