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. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

529

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

S.D. 1


 

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 to provide this experience in state and county parks, the State and counties require protection from liability.

The purpose of this Act is to:

(1) Permit entry into caves that are a part of state or county parks by posting this permission;

(2) Expand the covered purposes for entering the caves to include recreational use; and

(3) 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-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 state laws."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.