REPORT TITLE:
Highways


DESCRIPTION:
Limits agency liability for rapid removal of obstructions which
block or interfere with traffic or endanger public safety on
state highways.  Authorizes towing and other minor assistance to
stranded motorists on state highways.

 
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                                                        2950
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HIGHWAYS.



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

 1      SECTION 1.  Chapter 264, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�264-    Removal of obstructions.  (a) Whenever used in
 
 5 this section, unless the context otherwise requires:
 
 6      (1)  "Department" means the state department of
 
 7           transportation or agencies or contractors authorized by
 
 8           that department;
 
 9      (2)  "Personal property" means personal property of any kind
 
10           or character, including a stationary or disabled
 
11           vehicle and spilled cargo; and
 
12      (3)  "State highway" means a highway, as defined in section
 
13           286-2, that is under the jurisdiction of the state
 
14           department of transportation.
 
15      (b)  Unless otherwise requested by the police to preserve a
 
16 crime or an accident scene, the department may remove personal
 
17 property from a state highway, or move it within a state highway,
 
18 without notice to or consent from the owner, carrier, or any
 
19 other person, if the department determines that the personal
 
20 property blocks the roadway, interferes with traffic, or
 

 
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 1 endangers public safety.  Reasonable amounts may be expended as
 
 2 necessary by the department out of the state highway fund for
 
 3 purposes of this section.
 
 4      (c)  Notwithstanding chapter 661 or 662 or any other
 
 5 provision of law to the contrary, neither the State nor the
 
 6 department and its officers and employees shall be liable for any
 
 7 damages or claims of damages resulting from:
 
 8      (1)  The exercise of authority under this section, except
 
 9           for damages as may result from intentional, wanton, or
 
10           reckless wrongful acts or omissions; or
 
11      (2)  The failure to exercise authority granted under this
 
12           section.
 
13      (d)  The owner and the carrier of personal property removed
 
14 or moved under this section shall be jointly and severally liable
 
15 for reimbursing the state department of transportation for costs
 
16 of removal and disposition.
 
17      (e)  The department shall report annually to the legislature
 
18 before the convening of each regular session on the expenditures
 
19 and revenues under this section."
 
20      SECTION 2.  Chapter 264, Hawaii Revised Statutes, is amended
 
21 by adding a new section to be appropriately designated and to
 
22 read as follows:
 

 
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Page 3                                                     2950
                                     S.B. NO.           
                                                        
                                                        

 
 1      "�264-    Assistance for stranded motorists.  (a)  When
 
 2 necessary to protect public safety or improve traffic flow, the
 
 3 department of transportation may provide or contract for minor
 
 4 assistance to stranded motorists on highways under the
 
 5 jurisdiction of the department of transportation.  Such minor
 
 6 assistance may include but is not limited to traffic control,
 
 7 dispensing fuel, changing tires, minor mechanical work, and
 
 8 towing.  Reasonable amounts may be expended as necessary by the
 
 9 department of transportation out of the state highway fund for
 
10 purposes of this section.
 
11      (b)  The person accepting the minor assistance and the
 
12 registered owner or owners of the vehicle involved shall be
 
13 jointly and severally liable for reimbursing the department of
 
14 transportation for costs of services provided under this section.
 
15      (c)  The department of transportation shall report annually
 
16 to the legislature before the convening of each regular session
 
17 on the expenditures and revenues under this section."
 
18      SECTION 3.  New statutory material is underscored.
 
19      SECTION 4.  This Act shall take effect upon its approval. 
 
20 
 
21                           INTRODUCED BY:  _______________________
 

 
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