Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 204
                                     H.D. 1

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Water and Land Use, to which was referred
H.B. No. 204 entitled: 


begs leave to report as follows:

     The purpose of this bill is to clarify public land liability
by exempting government from liability for accidents and injuries
on unimproved public property, providing for the development of
warning signage at beach parks and repealing Act 190, Session
Laws of Hawaii 1996.  

     Your Committee received testimony as follows:

     1.   County of Maui Office of the Mayor, in support; 

     2.   Consumer Lawyers of Hawaii and one private citizen, in
          opposition; and

     3.   Department of Land and Natural Resources, offering

     Your Committee finds that some additional liability
protection is necessary in order to allow state and county
governments to continue to operate beaches, parks, hiking trails,
and other recreational and nature-related uses on public land.  

     Your Committee revised the bill by:  

     1.   Amending the examples of the natural conditions of
          unimproved public lands to include trails and accesses; 

     2.   Removing the provisions on beach warnings and signage; 

                                 STAND. COM. REP. NO. 143
                                 Page 2

     3.   Removing the sunset of Act 190, Session Laws of Hawaii
          1996; and 

     4.   Making technical, non-substantive changes for the
          purposes of style and clarity.  

     Despite the magnitude of the issue of landowner liability,
your Committee refrained from making more extensive changes,
because of time constraints and the fact that the details of the
liability question fall within the purview of the Committee on
the Judiciary and Hawaiian Affairs.  

     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. 204, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 204, H.D. 1, 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

                                   Romy M. Cachola, Chair