HOUSE OF REPRESENTATIVES	H.B. NO.	124
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to skateboards.

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

     SECTION 1.  Section 46-72.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§46-72.5[]]  Counties' limited liability for skateboard activities at public skateboard parks[.]; skateboard helmets.  (a)  No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park, except when injury or damage is caused by a condition resulting from the public entity's failure to maintain or repair the skateboard park. 

     (b)  Counties shall maintain a record of all known or reported injuries incurred by skateboard users in a public skateboard park and all claims paid for such injuries [and shall submit a report to the legislature on or before twenty days before the convening of the 2008 legislative session, along with any recommendations regarding the need for further immunity from liability].

(c)  No person under     years of age shall operate a skateboard in a public skateboard park unless the person is wearing a properly fitted and fastened skateboard helmet that meets the standards of ASTM International or the United States Consumer Product Safety Commission.

(d)  The counties shall post at each public skateboard park, a conspicuous sign in a location reasonably calculated to bring the sign to the attention of park users.  The sign shall contain the following language:  "It is illegal for any person under     years of age to operate a skateboard in a public skateboard park unless the person is wearing a properly fitted and fastened helmet that meets the standards of ASTM International or the United States Consumer Product Safety Commission."

(e)  A violation of subsection (c) shall be punishable by a fine of not more than $        .  The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be liable for the amount of the fine imposed pursuant to this section. 

(f)  Notwithstanding any law to the contrary, the fines collected for a violation of subsection (c) shall be paid into the state treasury to the credit of the state general fund."

     SECTION 2.  Section 662-19, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§662-19[]]  Limited liability for skateboarding activities in public skateboard parks[.]; skateboard helmets.  (a)  No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park, except when injury or damage is caused by a condition resulting from the public entity's failure to maintain or repair the skateboard park. 

     (b)  Public entities that own or maintain public skateboard parks shall maintain a record of all known or reported injuries incurred by skateboard users in a public skateboard park and all claims paid for such injuries [and shall submit a report to the legislature on or before twenty days before the convening of the 2008 legislative session, along with any recommendations regarding the need for further immunity from liability].

(c)  No person under     years of age shall operate a skateboard in a public skateboard park unless the person is wearing a properly fitted and fastened skateboard helmet that meets the standards of ASTM International or the United States Consumer Product Safety Commission.

(d)  The state agency that has jurisdiction over the public skateboard park shall post at each public skateboard park, a conspicuous sign in a location reasonably calculated to bring the sign to the attention of park users.  The sign shall contain the following language:  "It is illegal for any person under     years of age to operate a skateboard in a public skateboard park unless the person is wearing a properly fitted and fastened skateboard helmet that meets the standards of ASTM International or the United States Consumer Product Safety Commission."

(e)  A violation of subsection (c) shall be punishable by a fine of not more than $        .  The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be liable for the amount of the fine imposed pursuant to this section.

(f)  Notwithstanding any law to the contrary, the fines collected for a violation of subsection (c) shall be paid into the state treasury to the credit of the state general fund."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

Report Title:

Public Skateboard Parks; Limited Liability; Helmets

Description:

Prohibits anyone under     years of age from operating a skateboard in a public skateboard park unless the person is wearing a properly fitted and fastened helmet that meets specified standards.  Establishes a fine for violations.  Requires the respective state agency or county to post signs at public skateboard parks to bring the requirement to the attention of park users.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.