HOUSE OF REPRESENTATIVES

H.B. NO.

544

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LIABILITY.

 

 

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

 


SECTION 1. The legislature finds that roads for which ownership or jurisdiction is in dispute between the State and a county, commonly referred to as "roads in limbo", often suffer from a lack of repair and maintenance. The legislature further finds that government agencies are unwilling to maintain these roads because of potential liability issues associated with repair and maintenance.

The purpose of this Act is to provide immunity to the State and counties for injuries sustained due to the repair or maintenance of streets undertaken by the State or a county, in cases in which the ownership or jurisdiction of such streets is in dispute between the State and a county.

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"663-   Liability of State or county for maintenance of certain roads; immunity. The State or a county that repairs or maintains a street, as defined in section 291C-1, of which the ownership or jurisdiction is in dispute between the State and the county, shall be immune from liability for personal injuries or property damage, or both, arising out of the repair or maintenance of that street as undertaken by the State or the county, as applicable.

For purposes of this section, repair or maintenance of a street shall not be deemed to confer ownership or jurisdiction over such street, if the ownership or jurisdiction over the street is in dispute between the State and the county."

SECTION 3. New statutory material is underscored.

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

 

INTRODUCED BY:

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Report Title:

Roads in Limbo; Liability for Maintenance

 

Description:

Provides that the State or a county that repairs or maintains a street of which the ownership or jurisdiction is in dispute between the State and the county, shall be immune from liability for personal injuries or property damage arising out of the repair or maintenance of that street. Deems that maintenance of a street shall not confer ownership or jurisdiction over such street, if the ownership or jurisdiction over the street is in dispute between the State and the county.

 

 

 

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