STAND. COM. REP. NO. 1459

 

Honolulu, Hawaii

                  

 

RE:    S.C.R. No. 168

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred S.C.R. No. 168, S.D. 1, entitled:

 

"SENATE CONCURRENT RESOLUTION URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES, IN CONSULTATION WITH THE DEPARTMENT OF THE ATTORNEY GENERAL, TO EXPLORE FEASIBLE OPTIONS RELATING TO LIABILITY FOR INJURY OR DAMAGE SUSTAINED WHILE MOUNTAIN CLIMBING, ROCK CLIMBING, RAPPELLING, AND BOULDERING ON PUBLIC LAND,"

 

begs leave to report as follows:

 

     The purpose of this measure is to find ways to accommodate certain outdoor activities on public land without placing government entities at undue risk of being held liable for any resulting injuries or damages.

 

     Specifically, this measure urges the Department of Land and Natural Resources, in consultation with the Department of the Attorney General, to explore various options to address government liability for injury or damage sustained while mountain climbing, rock climbing, rappelling, or bouldering on public land.

 

     Your Committee finds that mountain climbing, rock climbing, rappelling, bouldering, and related outdoor activities include inherent dangers that place government entities at continuous risk of legal liability for injuries or damages occurring on public land.  Your Committee further finds that given the millions of acres of public land and limited government resources, it would be impracticable for the State to erect fences, post signs, or limit access to all of the potential remote and unmanaged areas that the public may use for climbing activities.  This measure urges an evaluation of various options to manage government liability without resorting to site closures that would limit or prevent public access.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 168, S.D. 1, and recommends its adoption.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

____________________________

DAVID Y. IGE, Chair