Report Title:

Public Land Liability; Public Beach Parks; HSAC Package

Description:

Protects counties from liability as a result of natural conditions on or near a public beach park by including public beach parks in the definition of "improved public lands."  (SB2170 HD1)

THE SENATE	S.B. NO.	2170
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO PUBLIC LAND.

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

     SECTION 1.  Act 82, Session Laws of Hawaii 2003, Section 2, as amended by Act 152, Session Laws of Hawaii 2007, is amended by amending the definition of "improved public lands" of section 663-   , Hawaii Revised Statutes, in section 2 of the Act, to read as follows:

""Improved public lands" means lands designated as part of the state park system, parks, and parkways under chapter 184, or as part of a county's park system, and lands which are part of the Hawaii statewide trail and access system under chapter 198D, excluding buildings and structures constructed upon such lands.  For purposes of this part, "improved public lands" excludes ocean and submerged lands[, and further excludes any public beach park falling within Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999]."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.

     SECTION 3.  This Act shall take effect on July 1, 2011.