Report Title:

Highways; Removal of Obstructions by DOT; Liability Limitation

Description:

Authorizes department of transportation to remove obstructions that block or interfere with traffic or endanger public safety on state highways. Limits liability for damage to personal property. (SD2)

THE SENATE

S.B. NO.

91

TWENTY-SECOND LEGISLATURE, 2003

S.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to highways.

 

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

SECTION 1. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§264-   Removal of obstructions. (a) Whenever used in this section, unless the context otherwise requires:

"Department" means the state department of transportation or state and county agencies or contractors authorized by that department.

"Personal property" means personal property of any kind or character, including a stationary or disabled vehicle and spilled cargo; provided that the term "personal property" shall not include any facilities, equipment, or property owned or controlled by a public utility as that term is defined in chapter 269.

"State highway" means a public street, road, or highway, as defined in section 291-1, that is under the jurisdiction of the department.

(b) Unless otherwise requested by the police to preserve a crime or accident scene, the department may move or remove personal property that is on or within a state highway, without prior notice to or consent from the owner, carrier, or any other person, if the department determines that the personal property blocks the state highway, interferes with traffic, or endangers public health or safety. Reasonable amounts may be expended, as necessary, by the department out of the state highway fund for purposes of this section.

(c) Notwithstanding chapter 661 or 662 or any other provision of law to the contrary, the State, the department, and its officers and employees, shall not be liable for:

(1) Any damage to personal property or claims of alleged damage to personal property resulting from the exercise of the authority granted by this section, except for damages that result from gross negligence, or reckless, wilful, wanton, or intentionally wrongful acts or omissions by the department, its authorized agents, contractors, or employees; or

(2) Any damages or claims of damage to personal property resulting from the department's failure to act or to exercise the authority granted under this section.

(d) The owner or other person or entity responsible for the personal property that is moved or removed under this section shall be jointly and severally liable for reimbursing the department for all costs related to or arising from the removal and disposition of such personal property."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.