Bill Text: HI SB1207 | 2012 | Regular Session | Amended

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Bill Title: Trespass; Websites; Task Force

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1207 Detail]

Download: Hawaii-2012-SB1207-Amended.html

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STAND. COM. REP. NO. 314

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1207

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Economic Development and Technology, to which was referred S.B. No. 1207 entitled:

 

"A BILL FOR AN ACT RELATING TO TRESPASS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Hold authors and publishers of visitor guide websites and visitor guide publications liable to individuals who suffer injury or death as a result of being enticed to trespass by the visitor guide websites or publications; and

 

     (2)  Exempt private property owners or legal occupiers of land from liability for trespassers' injury or death.

 

     Your Committee received testimony in support of this measure from the Department of Agriculture; Hawai‘i Tourism Authority; Kaua‘i Fire Department; Kamehameha Schools; Hawaii Farm Bureau Federation; Maui County Farm Bureau; Hawaii Cattlemen's Council, Inc.; Hawaii Cattlemen's Association; Maui Cattlemen's Association; Maui Hotel & Lodging Association; Kaua‘i Visitors Bureau; Princeville Ranch Adventures; Grove Farm Company, Inc.; Haleakala Ranch; Case Lombardi & Petit, and five individuals.  Your Committee received testimony in opposition to this measure from the American Civil Liberties Union of Hawai‘i; Media Coalition, Inc.; Association of American Publishers, Inc.; Hawaii Book Publishers Association; The Bess Press, Inc.; Wizard Publishing, Inc.; Hawaii Association for Justice; and four individuals.  Your Committee received comments on this measure from Fathom Five Divers of Kauai.

 

     Your Committee finds that the issue of unauthorized access to private and public lands as the result of information published on visitor guide websites and in visitor guide publications has raised grave concerns for all those testifying on this measure.  Your Committee has considered the issues raised in testimony and believes that the measure, as heard, is premature in its response to the problem.

 

     Your Committee understands that in some instances, the parties have resolved trespass issues through collaborative efforts by landowners and publishers, and believes this is a more appropriate approach to the overall problem.

 

     Your Committee has amended this measure accordingly, by:

 

     (1)  Deleting the statutory provisions related to visitor guide liability;

 

     (2)  Establishing a task force, attached to the Department of Business, Economic Development, and Tourism for administrative purposes, to identify problem areas on the various islands related to trespass over privately held or public lands as the result of information published on visitor guide websites and in visitor guide publications;

 

     (3)  Authorizing the Legislative Reference Bureau to provide assistance to the Task Force in the compilation and publication of the findings and recommendations of the task force; and

 

     (4)  Requiring a report to the Legislature prior to the Regular Session of 2012.

 

     As affirmed by the record of votes of the members of your Committee on Economic Development and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1207, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1207, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Economic Development and Technology,

 

____________________________ CAROL FUKUNAGA, Chair