HB2326 HSCR115-02

 

STAND. COM. REP. NO.115-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2326

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.B. No. 2326 entitled:

"A BILL FOR AN ACT RELATING TO LANDOWNER'S LIABILITY,"

begs leave to report as follows:

The purpose of this bill is to limit the liability of the counties toward persons entering county land and water areas for recreational purposes.

The Department of Land and Natural Resources, the County of Hawaii Planning Department and Office of the Corporation Counsel, the County of Kauai Office of the County Attorney, and the Maui County Council including three members, testified in support of this measure. The Hawaii State Association of Counties offered comments, and the Consumer Lawyers of Hawaii opposed this bill.

Currently, chapter 520, Hawaii Revised Statutes, provides liability protection for owners who make private land and water areas available to the public for recreational purposes. This bill will expand the liability protection under chapter 520 by including the counties under the definition of "owner". This means that the counties will be provided the same limits in the duty of care that are currently being extended to private landowners.

Passage of this measure will encourage the counties to develop more public recreational areas and provide increased recreational opportunities for the public.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2326 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

 

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

 

		____________________________ EZRA KANOHO, Chair