Bill Text: HI SB2080 | 2012 | Regular Session | Introduced
Bill Title: Counties; Bicycle Motocross; Skateboard Parks; Liability
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-02-14 - (S) The committee on PGM deferred the measure. [SB2080 Detail]
Download: Hawaii-2012-SB2080-Introduced.html
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THE SENATE |
S.B. NO. |
2080 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the counties have established public skateboard parks to meet the demand of skateboarders in their jurisdictions. There is also a public demand for public facilities for bicycle motocross activities. Allowing the use of bicycle motocross at existing skateboard parks provides children and young adults a safe place to ride and socialize while keeping them physically active, out of the streets, and out of trouble.
The legislature further finds that the counties currently have the power to allow bicycle motocross activities at public skateboard parks under their jurisdiction but may choose to prohibit such use because of concerns with liability for damages or injuries that result from bicycle motocross activities at public skateboard parks. The counties may also choose not to construct bicycle motocross parks because there are currently no provisions that would limit liability for use of such facilities.
The purpose of this Act is to encourage the counties to allow bicycle motocross activities in existing public skateboard parks or create separate bicycle motocross parks by limiting the liability of the counties, the State, and volunteers for damages or injuries that result from bicycle motocross activities at public skateboard parks and bicycle motocross parks.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46‑ Bicycle motocross in public skateboard parks. (a) All counties may provide for bicycle motocross activities in existing public skateboard parks.
(b) Nothing in this section shall prohibit a county from constructing or designating county facilities for bicycle motocross parks."
SECTION 3. Section 46-72.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§46-72.5[]]
Counties' limited liability for skateboard and bicycle motocross activities
at public skateboard and bicycle motocross parks. (a) No public
entity or public employee shall be liable to any person for injury or damage
sustained when using a public skateboard or bicycle motocross park,
except when injury or damage is caused by a condition resulting from the public
entity's failure to maintain or repair the skateboard or bicycle motocross
park.
(b) Counties shall maintain a record of all
known or reported injuries incurred by skateboard and bicycle motocross users
in a public skateboard or bicycle motocross park and all claims paid for
such injuries and shall submit a report to the legislature [on or before]
no later than twenty days before the convening of the [2008] 2015
legislative session, along with any recommendations regarding the need for
further immunity from liability."
SECTION 4. Section 662-19, Hawaii Revised Statutes, is amended to read as follows:
"[[]§662-19[]] Limited
liability for skateboarding and bicycle motocross activities in public
skateboard and bicycle motocross parks. (a) No public entity or
public employee shall be liable to any person for injury or damage sustained
when using a public skateboard or bicycle motocross park, except when
injury or damage is caused by a condition resulting from the public entity's
failure to maintain or repair the skateboard or bicycle motocross park.
(b) Public entities that own or maintain
public skateboard or bicycle motocross parks shall maintain a record of
all known or reported injuries incurred by skateboard and bicycle motocross
users in a public skateboard or bicycle motocross park and all claims
paid for such injuries and shall submit a report to the legislature [on or
before] no later than twenty days before the convening of the [2008]
2015 legislative session, along with any recommendations regarding the
need for further immunity from liability."
SECTION 5. Section 662D-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§662D-4[]] Limited
liability for volunteers for activities at public skateboard and bicycle
motocross parks. (a) A volunteer who designs, constructs, maintains,
or repairs a skateboard or bicycle motocross park for a governmental
entity shall not be liable to any person for injury or damage sustained when
using a public skateboard or bicycle motocross park, except for injury
or damages resulting from gross negligence or intentional misconduct.
(b) No nonprofit organization or nonprofit corporation that provides volunteers to a governmental entity to design, construct, maintain, or repair a public skateboard or bicycle motocross park shall be liable to any person for injury or damage sustained when using a public skateboard or bicycle motocross park, except under the doctrine of respondeat superior."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Counties; Bicycle Motocross; Skateboard Parks; Liability
Description:
Provides that counties may allow bicycle motocross activities at public skateboard parks. Specifies that counties are not prohibited from constructing or designating county facilities for bicycle motocross parks. Limits the liability of the counties, the State, and volunteers for damages or injuries that result from bicycle motocross activities at public skateboard parks and bicycle motocross parks.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
