THE SENATE

S.B. NO.

1007

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 2

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 purpose of this Act is to amend Act 82, Session Laws of Hawaii 2003, as amended, and to clarify the definition of "improved public lands".

     SECTION 2.  Act 82, Session Laws of Hawaii 2003, as amended by section 5 of Act 152, Session Laws of Hawaii 2007, by section 1 of Act 144, Session Laws of Hawaii 2008, and by section 3 of Act 81, Session Laws of Hawaii 2009, is amended by amending the definitions section, section 663-  , Hawaii Revised Statutes, in section 2 as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Voluntary trails" means trails, paths, or routes created by hikers or other users of public land that are not part of an official trail constructed, developed, or maintained by the State or any county."

     2.  By amending the definition of "improved public lands" to read:

     ""Improved public lands" means lands designated as part of the state park system, parks, and parkways under chapter 184[,] and developed or maintained by the State, or as part of a county's park system[,] and developed or maintained by the county, and lands [which] that are part of the Hawaii statewide trail and access system under chapter 198D, excluding buildings and structures constructed upon such lands.  [For purposes of this part, "improved public lands"] The term excludes voluntary trails, created by users of the public lands that are not part of the statewide trail and access system, and ocean and submerged lands."

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  Statutory material to be repealed is bracketed and stricken.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

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


 


 

Report Title:

Public Land Liability; Voluntary Trails

 

Description:

Amends and clarifies the definition of "improved public lands" for the limitation of liability for public entities based on the duty to warn of dangers on public lands.  (SD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.