STAND. COM. REP. NO.2245

Honolulu, Hawaii

, 2002

RE: S.B. No. 2231

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Hawaiian Affairs and Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 2231 entitled:

"A BILL FOR AN ACT RELATING TO KAHO'OLAWE ISLAND RESERVE,"

beg leave to report as follows:

The purpose of this measure is to establish a process in which the State can provide both meaningful and legally adequate warnings to the public regarding the access and use of Kaho'olawe and its surrounding waters.

Testimony in support of the measure was received from the Kaho`olawe Island Reserve Commission. The Consumer Lawyers of Hawaii voiced several concerns with the measure.

Specifically, the measure establishes a Task Force on Warning Signs and Devices and a process by which the State is protected from liability, so long as adequate warning is provided to the public through the design and placement of warning signs on Kaho'olawe.

Your Committees find that Kaho'olawe and its surrounding waters continue to contain hazards from residual unexploded ordnance, and natural conditions similar to the other Hawaiian islands. Persons accessing Kaho'olawe and its surrounding waters are exposed to these hazardous conditions. Your Committees also find that in advance of the 2003 transfer of Kaho`olawe from the federal government to the State, it is necessary to put measures in place that establish a balance between the publicís access and use of Kaho'olawe and the governmentís duty to provide adequate warning.

Your Committees believe that the measure will provide a process by which a legally adequate warning system can be developed for Kaho'olawe and its surrounding waters, thereby increasing public safety and reducing the potential for unexploded ordnance related accidents.

As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs 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. 2231 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 Hawaiian Affairs and Transportation, Military Affairs and Government Operations,

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CAL KAWAMOTO, Chair

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JONATHAN CHUN, Chair