REPORT TITLE:
Counties


DESCRIPTION:
Allows counties to use public school playgrounds as public parks.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            805         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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

 1      SECTION 1.  Section 302A-1147, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]302A-1147[]]  Use of school grounds by county
 
 4 recreation departments.  [The board, upon request by a county,
 
 5 shall make school grounds available after school hours in the
 
 6 county where the request is made, for use by the county
 
 7 requesting the same whenever this can be done without
 
 8 interference with the normal and usual activities of the school
 
 9 and its pupils.] (a)  School grounds shall be available after
 
10 school hours in the county where the school is situated for use
 
11 by the county for public recreational purposes; provided that the
 
12 county and the board shall act in cooperation with each other to
 
13 ensure that county use of school grounds can be done without
 
14 interference with the normal and usual activities of the school
 
15 and its pupils even during after school hours.
 
16      (b)  The department may assess and collect maintenance fees
 
17 from the county for use of the school grounds.  The fees shall be
 
18 deposited into a separate fund and expended by the department
 
19 under rules as may be adopted by the board.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (c)  Any person who enters school grounds after school hours
 
 2 for the purpose of using the grounds, facilities, or equipment
 
 3 for recreational purposes, as a matter of law, assumes the risk
 
 4 of liability for any injuries or death resulting from the use of
 
 5 the grounds, facilities, or equipment.  This assumption of risk
 
 6 shall not apply if the injuries or death were caused by wilful or
 
 7 wanton misconduct."
 
 8      SECTION 2.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 3.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:  _______________________