Eliminates the liability of the State or counties to any claim for the failure to utilize or maintain a traffic control device, unless it can be shown such device would have been necessary to warn the safe movement of traffic of a condition that would not have been apparent to a reasonable person.

A BILL FOR AN ACT

SECTION 1. Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§662- Defense of Traffic Control Devices. The State and its political subdivisions shall not be liable under this chapter for an injury caused by the failure to provide traffic or warning signals, signs, markings, or devices. Nothing in this section exonerates the State or its political subdivisions from liability for injury proximately caused by such failure if a signal, sign, marking, or device was necessary to warn of a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care."

SECTION 2. New statutory material is underscored.

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