REPORT TITLE:



DESCRIPTION:


 
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                                                        2419
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LITIGATION INVOLVING HIGHWAYS.



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

 1      SECTION 1.  Chapter 662, Hawaii Revised Statutes, is amended
 
 2 by adding new sections to be appropriately designated and to read
 
 3 as follows:
 
 4      "�662-     Duty of State limited in highway cases generally.
 
 5 The State of Hawaii owes no duty to make a highway reasonably
 
 6 safe for vehicles traveling in excess of the speed limit unless
 
 7 the speed is within ten miles per hour of the speed limit or the
 
 8 speed advisory, whichever is less.
 
 9      �662-     Duty of State limited in highway cases to those
 
10 who exercise reasonable care in driving upon them.  The State of
 
11 Hawaii's duty to make its highways reasonably safe for vehicles
 
12 traveling upon them is limited to those drivers who exercise
 
13 reasonable care in driving upon them.  The State of Hawaii shall
 
14 not owe a duty to make its highways reasonably safe for drivers
 
15 who are asleep at the wheel, who are intoxicated, or who
 
16 otherwise lose control of their vehicles because of their failure
 
17 to exercise reasonable care in driving their vehicles.
 
18      �662-     Duty of counties limited in highway cases.  The
 
19 duty of the counties of this State in tort cases involving
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 highways shall be limited to the same extent as the duty of the
 
 2 State of Hawaii is limited."
 
 3      SECTION 2.  New statutory material is underscored.
 
 4      SECTION 3.  This Act shall take effect upon its approval.
 
 5 
 
 6                       INTRODUCED BY:  ___________________________
 

 
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