Report Title:

Caves; State and County Parks

Description:

Permits entry into caves that are part of state or county parks if entry signs are posted. Expands allowable purposes for entering the caves to include recreational uses. Protects the State and counties from liability where open entry to caves is granted when entry and warning signs are posted.

HOUSE OF REPRESENTATIVES

H.B. NO.

529

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to cave protection.

 

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

SECTION 1. This legislature finds that cave exploration is a unique and valuable educational, recreational, and cultural experience that is not without its hazards. The legislature further finds that in order to provide this experience in state and county parks, the State and counties require protection from liability.

The purpose of this Act is to permit entry in to caves that are a part of state or county parks by posting this permission; expand the covered purposes for entering the caves to include recreational use; and protect the State and counties from liability where open entry is granted by posting.

SECTION 2. Section 6D-7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§6D-7[]] Access. No person may enter or traverse a cave, or any segment thereof, without the property owner's prior written consent. Written permission is not required for entry into caves that are designated as part of a state or county park where permission to enter is posted."

SECTION 3. Section 6D-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§6D-9[]] Liability. (a) An owner of a cave who either directly or indirectly invites or permits without charge any person to use the cave for educational, recreational, native Hawaiian cultural, or scientific purposes does not:

(1) Extend any assurance that the premises are safe for any purpose;

(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;

(3) Assume responsibility for, or incur liability for, any injury to person or property caused by an act of omission or commission of those persons; or

(4) Assume responsibility for, or incur liability for, any injury to any person or persons who enter the premises in response to an injured educational, recreational, native Hawaiian cultural, or scientific user.

(b) Nothing in this section shall be construed to:

(1) Create a duty of care or ground of liability for injury to persons or property; or

(2) Relieve any person using the cave of another for educational, recreational, native Hawaiian cultural, or scientific purposes from any obligation which the person may have in the absence of this section to exercise care in the person's use of that cave and in the person's activities therein, or from the legal consequences of failure to employ such care; or

(3) Limit the effect of chapter 520.

(c) Nothing in this section limits in any way any liability which otherwise exists:

(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates; and

(2) For injury suffered in any case where the owner of a cave charges a fee to any person who enters or uses the cave for educational, recreational, native Hawaiian cultural, or scientific purposes, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.

(d) The State and counties shall not be held liable for injuries occurring in caves within state or county parks where written permission is waived and permission granted by posting."

SECTION 4. Section 6D-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]§6D-13[]] Penalties cumulative. (a) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against the person.

(b) Penalties under this section shall not limit the imposition of penalties pursuant to chapter 6E.

(c) This chapter is not intended to limit the application of other laws such as chapters 6E, 340E, and 342D."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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