STAND. COM. REP. NO.  958

 

Honolulu, Hawaii

                , 2013

 

RE:   S.B. No. 1007

      S.D. 2

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir:

 

     Your Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs, to which was referred S.B. No. 1007, S.D. 2, entitled:

 

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

 

beg leave to report as follows:

 

     The purpose of this measure is to clarify the State's and the counties' duty to warn against dangerous natural conditions on improved public land, and therefore limit liability for personal injuries incurred on that land, by clarifying that the duty to warn does not apply to voluntary trails that are not constructed, developed, or maintained by the State or a county.  

 

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, City and County of Honolulu, Access Fund, and numerous individuals.  Hawaii Association for Justice submitted testimony in opposition to this measure.  The Department of the Attorney General submitted comments.

 

     Your Committees note that concerns were raised in testimony that this measure does not account for the attractive nuisance that exists when voluntary or unofficial trails created by unsanctioned use exist in close proximity to official, maintained state or county trails.  Your Committees find that the location of these voluntary trails and evidence of their frequent use can create the appearance that these voluntary trails are, in fact, part of the official trail system.  This can cause confusion and exposure to unforeseen risk even in informed trail users acting in good faith.  Your Committees respectfully request that your Committee on Judiciary, should it consider this measure, investigate possible means of adequately protecting the public in situations involving voluntary trails in close proximity to official state and county trails.

 

     As affirmed by the records of votes of the members of your Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1007, S.D. 2, and recommend that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs,

 

 

____________________________ FAYE P. HANOHANO, Chair		____________________________ CINDY EVANS, Chair