REPORT TITLE:
Public Lands; Liability


DESCRIPTION:
Declares that the government is not liable for accidents and
injuries occurring on unimproved public land.  Repeals Act 190,
SLH 1996.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        680
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   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 either a
 
15 public beach park or a public beach right-of-way or access way,
 
16 and includes any public beach right-of-way or access way.  For
 
17 purposes of this definition, a public beach right-of-way or
 
18 access way does not include any public street or highway.
 
19         -2  Natural condition of unimproved public land.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 Neither a government nor a government officer nor an employee
 
 2 shall be liable for an injury caused by a natural condition of
 
 3 any unimproved public land, including but not limited to any
 
 4 natural condition of any lake, stream, bay, river, or public
 
 5 beach.  
 
 6         -3  Public beach; natural condition of unimproved land
 
 7 notwithstanding public safety services; application.(a)  Public
 
 8 beaches shall be deemed to be in a natural condition and
 
 9 unimproved, notwithstanding the provision or absence of public
 
10 services such as lifeguards, police or sheriff patrols, medical
 
11 services, fire protection services, or beach cleanup services,
 
12 and notwithstanding the existence or absence of seawalls,
 
13 revetments, groins, or other shore protection structures, or
 
14 signs.
 
15      (b)  Nothing in this chapter shall be construed to immunize
 
16 the government from liability for negligent performance of rescue
 
17 services."
 
18      SECTION 2.  Act 190, Session Laws of Hawaii 1996, is
 
19 repealed.
 
20      SECTION 3.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________