Report Title:

Parks; County Liability; Immunity

Description:

Provides that counties shall not be liable to persons for civil damages resulting from the use or occupancy of public parks, including skateboard parks.

THE SENATE

S.B. NO.

531

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to county liability.

 

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

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663-    County parks; county liability; immunity. Notwithstanding section 662-2, any county operating a public park shall not be liable for any civil damages resulting from or caused by any person's use or occupancy of any county public park, including skateboard parks, or any portion thereof. This exception from liability shall not apply when the claim for civil damages results from a county's gross negligence or wanton act or omission."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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