Report Title:

Public Land Liability

 

Description:

Makes permanent the limitation of liability for public entities based on the duty to warn of dangers on public lands.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1039

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC LAND LIABILITY.

 

 

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

 


     SECTION 1.  The warning sign liability protections provided in Act 82, Session Laws of Hawaii 2003, will sunset on June 30, 2010.  Act 82 established a process by which a legally adequate warning system could be developed for improved public lands.  The legislature finds that Act 82 has increased public safety and protects the State and counties from unlimited liability arising out of recreational activities on public lands, and, therefore, should be made permanent.

     The purpose of this Act is to make permanent the liability protections for warning signs for outdoor recreation on public lands.

     SECTION 2.  Act 82, Session Laws of Hawaii 2003, as amended by section 5 of Act 152, Session Laws of Hawaii 2007, is amended by amending section 8 to read as follows:

     "SECTION 8.  This Act shall take effect on July 1, 2003[, and shall be repealed on June 30, 2010]."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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By Request