REPORT TITLE:
Public Lands; Liability


DESCRIPTION:
Declares that the government is not liable for accidents and
injuries occurring on unimproved public property.  HB204 HD1

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        204
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC LAND.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                           "CHAPTER  
 
 5                  PUBLIC LAND LIABILITY IMMUNITY
 
 6         -1  Definitions.  As used in this chapter:
 
 7      "Government" means any unit of government in this State,
 
 8 including any county or combination of counties, any department,
 
 9 agency, institution, board, commission, district, council,
 
10 bureau, office, governing authority, or other instrumentality of
 
11 state or county government, or any corporation or other
 
12 establishment owned, operated, or managed by or on behalf of this
 
13 State or any county.
 
14      "Public beach" means beaches and shoreline fronting public
 
15 beach parks and public beach accesses.
 
16         -2  Natural condition of unimproved public land;
 
17 liability.  Neither a government nor a government officer nor an
 
18 employee shall be liable for an injury caused by a natural
 

 
Page 2                                                     204
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 condition of any unimproved public land, including but not
 
 2 limited to any natural condition of any lake, stream, bay, river,
 
 3 ocean, trail, access, or beach.  
 
 4         -3  Public beaches; other public lands.(a)  Public
 
 5 beaches shall be deemed to be in a natural condition and
 
 6 unimproved, notwithstanding the provision or absence of public
 
 7 services such as lifeguards, police or sheriff patrols, medical
 
 8 services, fire protection services, beach cleanup services,
 
 9 restrooms, parking lots, seawalls, revetments, groins, signs, or
 
10 other shore protection structures.
 
11      (b)  Public lands shall be deemed to be in a natural
 
12 condition and unimproved, notwithstanding the existence of or
 
13 maintenance of trails and pathways on the land.
 
14         -4  Rescue services.  Nothing in this chapter shall be
 
15 construed to immunize the government from liability for the
 
16 negligent performance of rescue services."
 
17      SECTION 2.  Act 190, Session Laws of Hawaii 1996, is amended
 
18 to read as follows:
 
19      "SECTION 7.  This Act shall take effect on July 1, 1996 [;
 
20 provided that this Act shall be repealed on June 30, 1999]."
 
21      SECTION 3.  This Act shall take effect upon its approval.