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<br />. <br /> <br />. <br /> <br />:-~ <br /> <br />COUNTY OF HAWAII <br /> <br />STATE OF HAWAII <br /> <br />RESOLUTION NO. <br /> <br />218 98 <br /> <br />(DRAFT 3) <br /> <br />A RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO LIMIT THE <br />COUNTIES' TORT LIABILITY ARISING FROM CERTAIN HAZARDOUS <br />RECREATIONAL ACTIVITIES ON COUNTY-OWNED OR CONTROLLED PROPERTIES. <br /> <br />WHEREAS, California State statute immunizes the liability of public entities and <br />employees for injuries to persons or property damages arising out of a.hazardous recreational <br />activity on public property; and <br /> <br />WHEREAS, under California law, the definition of hazardous recreational activities <br />includes motorized vehicle racing, mountain bicycling, hand gliding, archery, pistol or rifle <br />shooting, surfing, waterskiing, rock climbing and other similar activities; and <br /> <br />WHEREAS, amendatory legislation is currently pending in the California State Assembly <br />to add "Skateboarding" under the statutory definition of hazardous recreational activity; and <br /> <br />WHEREAS, due to the popularity of certain recreational activities such as in-line skating <br />and skateboarding requests have been made to the County for development of safe recreational <br />facilities dedicated to these activities; and <br /> <br />WHEREAS, the County recognizes these activities as wholesome youth recreation and <br />is in the process of developing skateboard associations and/or skate facilities in Hilo, Kona and <br />Puna; and <br /> <br />WHEREAS, the Council of the City and County of Honolulu has passed a similar <br />resolution to the legislature for approval; and <br /> <br />WHEREAS, the delay in the development of recreational facilities on public property to <br />accommodate certain activities is due, in part, to the County's possible exposure to liability which <br />can be resolved by the enactment of a state law limiting the counties tort liability. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF <br />HAWAII that it urges the Hawaii State Legislature to limit the tort liability of the counties arising <br />from certain hazardous recreational activities on County-owned or-controlled properties. <br /> <br />BE IT FURTHER RESOLVED that the Clerk is directed to transmit copies of this <br />Resolution to the President of the Senate and the Speaker of the House of Representatives; The <br />Honorable Senator Andrew Levin; The Honorable Senator Wayne Metcalf; The Honorable <br />Senator Malama Solomon; The Honorable Representative Robert Herkes; The Honorable <br />