HomeMy WebLinkAboutCOM 0366.001 2000-2002 J. CURTIS TYLER, tll
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HAWAI`[ C'UtNTY CO[IIVCIL~. -
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.i~L..~l i 1 i~ ~i ~ ; ~1. ~ .i 11~
October 24, 2001
MEMORANDUM
y~
TO: James Y. Arakaki, hair ~
~r
FROM: J. Curtis Tyler, III ~
SUBJECT: Hawaii County Council's 2002 State Legislative Program
In response to Council Chairman Arakaki's memorandum of October 2, 2001 requesting written proposals bills for the
upcoming 2002 state legislature, I am forwarding (1) copies of those bills presently proposed for adoption by the
Hawaii State Association of Counties (HSAC); (2) several bills proposed by Kauai County and Maui County; and (3) a
draft letter to state legislative leaders prepared by the undersigned for consideration by the Executive Committee of
HSAC.
1. The following bills (copies attached) are proposed for inclusion in the 2002 HSAC Legislative Package and are
carryover bills from the last session which were part of the HSAC 2001 Legislative Package:
#FOieasure Report Title Current Referral Current Status Conapani®n
SB 796 Tort Liability; Public WLU, JHA D 7/23/01 -Carried over to
Beach Parks 2002 Regular Session
HB 1023 Notices; Publication JHA, FIN D 7123/01 -Carried over to SB 1448
2002 Regular Session
HB 1024 County Liability; Hazardous WLU, JHA D 7/23/01 -Carried over to SB 1449
Recreational Activities 2002 Regular Session
SB 1448 Notices; Publication TMGITIA D 7!23!01 -Carried over to HB 1023
2002 Regular Session
SB 1449 County Liability; Hazardous EDT/TIA, JDC D 7/23/01 -Carried over to HB 1024
Recreational Activities 2002 Regular Session
2. The County of Kauai has drafted a bill (attached) relating to landowner's liability that would amend §520-1
and §520-2, HRS. It "extends to the Counties the limitation of liability currently afforded to private
landowners who make their land and water areas available to the public for recreational purposes." Its intent
is to expand recreational opportunities for the public and county expenditures on real improvements and
infrastructure rather than on insurance, costly litigation, defense costs and potential judgments.Maui County
has drafted bills (attached) to enable the counties to impose and collect traffic fines and to designate a
percentage of liquor license fees in order to fund education, prevention and treatment programs to address
alcohol abuse.
Relatedly, I have prepared a draft letter to Senate President Bunda and Speaker Say from HSAC Executive Committee
members outlining county needs and encouraging aself-imposed cap on the usual glut of bills taken up by the
legislature. It is being circulated for review, revisions and comments. I welcome your thou~lats ~besn~`lias propps~~ ,
letter as well.
Kona Council C)fficr. 77-634~)?~trluni Sre~~~t • Suit; I(l~4 • Kaihr<r-K~ma • Eli~~%`ai'i ~ "'yfi740-QgFa~'~
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a
Counties of Kauai, Maui end l••-fawaii, City 8. County of E~lonolulu
F November , ?001 'o~o~::.,,
~ - Q i
+~r os a~'~',`
Robert Bunda, President
T
State Senate
Hawaii State Capitol, Rm. 003
415 South Beretanta Street
Honolulu, Hawaii 96813
Calvin IC. Y. Say, Speaker
House of Representatives
Hawaii State Capitol, Rm. 431
415 South Beretania Street
Honolulu, Hawaii 96813
k Dear Friends, ;
As your legislative colleagues in county government, we send you our very best wishes for
a productive Regular Session of the upcoming State Legislative. Like you, we are deeply
aware of the many grave challenges facing our state and nation. We all owe the people of
Hawaii our best efforts. ~
~i
We are writing to request your thoughtful attention to several issues of longstanding
concern to the four counties.
For many years, the Hawaii State Association of Counties (HSAC) has presented to the
legislature a small number of bills endorsed by the councils of all four counties. We "
deliberately limit our package to those concerns of greatest priority and consensus.
Foremost among our legislative concerns has been our request to extend immunity to the
counties for dama es arisin from the o eration of ublic beach arks insert Bill #s . This
g g p P P ) ~t
perennial request is long overdue for adoption. When the counties are hard-pressed to
maintain critical public safety services with sorely constricted budgets, we cannot bear the
costs of unreasonable judgments arising from lawsuits. Such costs are effectively assaults on
essential government services and the taxpayer's pocketbook. In short, the greater public
good must take precedence over the venues of special interest trial lawyers. Accordingly, we
ask that you do your utmost to secure passage of this legislation this year.
In October, a rare and historic Third Special Session of the Legislature convened to take
up consideration of critical legislation to stabilize and rebuild Hawai`i's economy.
Undoubtedly, much new legislation will be taken up in the upcoming Regular Session to
further buttress our faltering economy. To assure the passage of truly productive legislation,
we believe that the legislature must be guided by several principles, as follows:
1. Public health and safety issues, including support for "safety net" expenditures,
should be paramount.
2. In good faith, the state should maintain its TAT formula for grants-in-aid to the
counties and give all possible consideration to county needs for revenues.
3. A spirit of bipartisan fairness and achievement should prevail over factionalism.
~ar a yyY a
3vze rza _
Finally, we respectfully urge you to lead an effort to Bilt Introductions & Enactments:
curtail the introduction of excessive legislation during 1998 and 1999 Regular Sessions
this upcoming session. When many thousands of bills B;ps Bins
are introduced annually, true focus and legislative Legislature introduced Enacted
management suffer. When everything is a priority, ~ - • ~
nothing is a ptlority. u.s. congress 7.732 394
(1997-98)
Alabama 3,621 824 23°ro
Last year, a major study conducted by the National Alaska s37 259 31°%
Council of State Legislatures-T{~e Case for Aria°°a 2'1'7 6s° 32~°
Arkansas 2.041 1,362 67
RC'jJTE?SEi1fC1hVEDemocf~ach, PC11"tfl-revealed that the California 5,391 2,125 39%
Hawaii Legislature took up consideration of more bills Colorado 1? 13 6s2 >6%
Connecticut 4,522 650 14%
in 1998-99 than 48 other states (see graphic). Delaware 1,166 529 4s°r°
Florida 5,052 853 17%
Georgia 2,x90 969 39°/
Two years ago, former Senate President Notman HAVNAII 7,35•i 64& 9°!°
Mizuguchi said, "Let us improve the conduct of our Idaho 1,469 s37 57%
own legislative affairs. Session after session we drown nunois 6,522 sl2 1z%
ourselves in a sea ofpaper-thousands of bills, many of Indiana ,,392 213 9a
Iowa _,271 437 l9
which will never be read again." He proposed a strict Kansas l,sa6 x64 2s%
statutory limitation on the number of bills each member Kentucky 1.333 357 z7oo
Louisiana 4,400 1,532 35%
COUld intrOdUCe. Maine 2,201 947 43 io
Maryland 4,644 1,451 31°io
Massachusetts 15,020 912 6°/
We believe that same result could be achieved by the n4ichigan 3,4oz 7az z2°r°
adoption of rules at the outset of the upcoming session. Min,teso,a 6,6s6 a2~ 6%
Mississippi 7,039 1,08_ l5°/
A show of such self-discipline would be a welcome Missouri z.49s 3so 1a°r
tonic to fortify legislative resolve and inspirit many Montana 1.013 552 54%
Nebraska 1,394 489 54%
anX10pS C1t1ZenS lri HaWal`1. Nzvada 1,167 691 59°/
New Hampshire 1,894 653 34°/
New Jersey 5,814 427 7
We thank you for your thoughtful attention to these New Mexico 4,zo3 516 Iz%
New York 32,263 1,566 5%
CORCeI'rIS. North Carolina 3,I li 739 24%
North Dakota 881 554 63°/
Ohio 1,235 280 23
S1nCCrety, Oklahoma 3,601 784 22
Oregon 3,901 871 28%
Pennsylvania 4,764 340 7%
Rhode Island 7,273 1,404 19%
South Carolina 2,731 571 21%
Jon Yoshimura, President, HSAC s"~,h Dakota I?os 606 50%
Tennessee 3,431 1,286 37%
City Council, City and County of Honolulu Texas s,561 1,x87 z7%
U[ah 1,465 742 SI%
Vermont 1,147 212 IS°io
Virginia 4,113 1,999 49%
Washington 3,948 781 20%
West Virginia 2,724 636 23%
J. Curtis Tyler, III, HSAC Vice President wisconsi„ z,715 494 is°r°
Hawaii County Council wy"[Wing 74s 32s a4°r
Puerto Rico 2,729 450 16%
.w.._,.,~.~ .....___..,,_,.____.,.<.._..~...-.<..__..~.....~,~
STATE
TOTALS 201,723 39,656 20%
Ron Kouchi, HSAC Treasurer
Kauai County Council
Dain Kane, HSAC Secretary
Maui County Council
513796 CD 1 Page 1 of 2
Report Title:
Beach Parks; Immunity from Liability
Description:
Provides the State, counties, and lifeguards immunity from liability against
damages arising from the acts or omissions of lifeguards while performing emergency
lifeguard services. (CD1)
THE SENATE 796
TWENTY-FIRST LEGISLATURE, 2001 S.D. 1
STATE OF HAWAII H.D. 2
1
RELATING TO STATE AND COUNTY TORT LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAdVAII:
SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:
"§663- Exception to liability for county lifeguard services. (a) For the purpose of
this section:
"Counter lifeguard" means a person em~lo~ed as a lifeguard by a counter of this
state.
"Employing count" means the counter employing a counter lifeguard.
(b) A counter lifeguard, the employing county, and the State shall not be liable for
any civil damages resulting from and act or omission of the lifeguard while
providing rescue, resuscitative, or other lifeguard services in the scope of
emplo~cnent as a county lifeguard but not including .inattention to duty. This
exception from liability, however, shall not amply when the claim for civil damages
results from a county lifeguard's gross negligence or wanton act or omission.
(c) This section shall ap~l~ to a counter lifeguard, the emQloying county, and the
State, even while the lifeguard is an "employee of the State" as defined in section
662-1."
httpa/www.capitol.hawaii.gov/session2001 /bills/sb796_cd 1_.htm 10/25/01
SB796 CD 1 Page 2 of 2
SECTION 2. Section 662-2, Hawaii Revised Statutes, is amended to read as follows:
"§662-2 Waiver and liability of State. (a)_ Except as provided in subsection
(b), the State hereby waives its immunity from liability for the torts of its
employees and shall be liable in the same manner and to the same extent as a
private individual under like circumstances, but shall not be liable for interest
prior to judgment or for punitive damages.
(b) The waiver of immunity from liability in subsection (a) shall not su ersede the
p _
exce~tion_from liability in section 663- for:
(1) Acounty lifeguard while serving as an employee of the
State pursuant to this chapter;
(2) The lifeguard's employing_count~; or
(3) The State."
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.
http://www.capitol.hawaii.gov/session2001 /bills/sb796_cd 1 _.htm 10/25/01
SB 1448 Page 1 of 2
Report Title:
Notices; Publication
Description:
Exempts counties from definition of government agency except for procurement code
and health and human services contracts. Allows the comptroller to determine a
publication on each island to which the public can go to as one source for notices
from a government agency.
TOLE SENATE 1448
TWENTY-FIRST LEGISLATURE, 2001 '
STATE OF HAWAII
I
relating to publication of notice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 1-28.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) Notwithstanding any other statute, law, [a+e~' ] or
rule to the contrary, whenever a government agency is required to give public
notice or to publish notice, the notice shall be given only as follows:
(1) For statewide publication:
(A) In a daily or weekly publication of statewide
circulation; or
(B) By publication in separate daily or weekly
publications whose combined circulation is statewide;
and
(2) For county-wide publication, by publication in a daily or
weekly publication in the affected county.
http://www.capitol.hawaii.gov/session2001 /bills/sb 1448_.htm 10/25/01
SB 1448 Page 2 of 2
Additional supplemental notice may also be given through Hawaii FYI, the State's
interactive computer system.
(b) For purposes of this section, the comptroller pursuant to chapter 103D shall
determine a publication for all government agencies to enable the public to go to
one source of publication for published public notice by a government agency on
each island."
2. By amending subsection (e) to read:
"(e) For purposes of this section, "government agency" means each department,
board, commission, or officer of the State [a~a~..-..ems ~ ~~~~~~~~~~a~ ~~~~~~~i~€~s-r]
and does not include and of the counties unless this section shall amply to notices
required b~ chapters 103D and 103F."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New
statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY:
http://www.capitol.hawaii.gov/session2001 /bills/sb 1448_.htm 10/25/01
SB 1449 Page 1 of 3
Report Title:
County Liability; Hazardous Recreational Activities
Description:
Limits counties' liability to persons participating in hazardous recreational
activities, including those who assist the participant and spectators who
reasonably should have known that the activity created a substantial risk of
injury, for damages or injury arising out of that activity. Provides exceptions.
THE SENATE 1449
TWENTY-FIRST LEGISLATURE, 2001 '
STATE OF HAWAII
I
RELATING TO LIMITED LIABILITY FOR COUNTIES.
BE IT ENACTED BY THE LEGISLATURE OF TIIE STATE OF IIAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:
"§46- Counties'..liabilitY lianited for hazardous recreational activities. (_a)
Neither a public entity nor a public employee is liable to any~erson who
_ _
participates in a hazardous recreational activity including andperson who assists
the participant, o n to any spectators who knew or reasonably should have known that
the hazardous recreational activity created a substantial risk of injury to
themselves and were voluntarily in the place or risk, or having the ability to do
so failed to leave, for any damage or injury to _pro~erty or persons arising out of
that hazardous recreational activity.
For the ~ur~oses of this section, "hazardous recreational activity" means a
recreational activity which creates a substantial (as distinguished from a minor,
trivial, or insignificant) risk of inZury.
"Hazardous recreational activity" includes:
(1) Animal riding, including equestrian competition, archery,
bicycle racing or ~um~incL, mountain bic~clin~ boating,
httpa/www.capitol.hawaii.gov/session2001 /bills/sb 1449_.htm 10/25/01
_ _ _ _
S~ 1449 Page 2 of 3
canoeing, diving, hang_gliding, hiking,_ ka~akinq, motorized
vehicle racing, off-road motorc~clin~ or four-wheel driving of
any kind, orienteering, pistol and rifle shooting, rock
_ _
climbing, rocketeering, rodeo, spelunking, sky diving, sport
parachuting, garaglidind, body contact sports (i.e., sports in
which it is reasonably foreseeable that there will be rough
bodily contact with one or more ~artici~ants) , skateboarding,
inline skating, roller hocked, surfing, trampolinincL, tree
climbing, tree rope swinging, waterskiin~, white water rafting1
and windsurfing. For the purposes of this paragraph, "mountain
bicycling" does not include riding a bicycle on waved pathways,
roadways, or sidewalks;
(2) Any form of diving into water from other than a diving
board or diving platform, or at any place or from a structure
where diving is prohibited and reasonable warnincl thereof has
been given.
(b) In a claim b~a~erson against a count~allegin~Qersonal injurgor death that
occurred when the person was garticipating in, assisting, or observing a hazardous
recreational activitg on county-owned or controlled gro~erty~ the countg shall be
liable onlg if the injury or death occurred as a direct result of the countg's:_
- _ _ _ _
(1) Failure to warn when:
(A) The countg had actual knowledge of a physically
_
hazardous condition, sufficient time to warn against
the condition, and failed to do so; and
(B) When the physically hazardous condition was not
known to the person and would not have been known to
a reasonably prudent gerson ~artici~ating, assisting,
or observing the same hazardous recreational
activity;
• (2) Gross negligence, recklessness, or wilful, wanton, or
deliberate conduct.
(c) Nothing in this section shall limit the liability of an indegendent
concessionaire, or any person or organization other than the ~ublic_entit~, whethe_r_
or not the person or organization has a contractual relationship with the public
entity to use the public ~ropert~ for ink uries or damages suffered in any case as
_ _ _ _
a result of the ogeration of a hazardous recreational activitg on public progert~
by the concessionaire, gerson, or organization."
SECTION 2. This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were initiated, before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
http://www.capitol.hawaii.gov/session2001 /bills/sb 1449_.htm 10/25/01
H~ 1023 Page 1 of 2
Report Title:
Notices; Publication
Description:
Exempts counties from definition of government agency except for procurement code
and health and human services contracts. Allows the comptroller to determine a
publication on each island to which the public can go to as one source for notices
from a government agency.
MOUSE OF REPRESENTATIVES 1023
TWENTY-FIRST LEGISLATURE, 2001 '
STATE OF ~iAWAII
relating to publication of notice.
BE IT ENACTED BY TI'-IE LEGISLATURE OF THE STATE OF 1'dAd3~AII:
SECTION 1. Section 1-28.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (a) and (b) to read:
"(a) Notwithstanding any other statute, law, [ h,r~^~ ~ - ^^^Y] or
rule to the contrary, whenever a government agency is required to give public
notice or to publish notice, the notice shall be given only as follows:
(1) For statewide publication:
(A) In a daily or weekly publication of statewide
circulation; or
(B) By publication in separate daily or weekly
publications whose combined circulation is statewide;
and
(2) For county-wide publication, by publication in a daily or
weekly publication in the affected county.
http://www.capitol.hawaii.gov/session2001 /bills/hb 1023_.htm 10/25/01
HB 1023 Page 2 of 2
Additional supplemental notice may also be given through Hawaii FYI, the State's
interactive computer system.
(b) For purposes of this section, the comptroller pursuant to chapter 103D shall
determine a publication for all government agencies to enable the public to go to
one source of publication for published public notice by a government agency on
each island."
2. By amending subsection (e) to read:
"(e) For purposes of this section, "government agency" means each department,
board, commission, or officer of the State [ter ~~y=
and does not include and of the counties unless this section shall a~l~ to notices
required b~ chapters 103D and 103F."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New
statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY:
http://www.capitol.hawaii.gov/session2001 /bills/hb 1023_.htm 10/25/01
.
HB 1024 Page 1 of 3
Report Title:
County Liability; Hazardous Recreational Activities
Description:
Limits counties' liability to persons participating in hazardous recreational
activities, including those who assist the participant and spectators who
reasonably should have known that the activity created a substantial risk of
injury, for damages or injury arising out of that activity. Provides exceptions.
HOUSE OF REPRESENTATIVES 1024
TWENTY-FIRST LEGISLATURE, 2001
STATE OF F1AWAll
I
RELATING TO LIMITED LIABILITY FOR COUNTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:
"§46- Counties' liability limited for hazardous recreational activities. (a)
Neither a public entity nor a public ,employee is liable to a~_p_erson who
~artici~ates in a hazardous recreational activity including an~~erson_who assists
the_partici~ant, or to any spectators who knew or reasonably should have known that
the hazardous recreational activity created a substantial risk of injury to
_ _
themselves and were voluntarily in the d ace or risk, or having the ability to do
so failed to leave, for any damage or inlurY to ~ro~erty or persons arising_out of
that hazardous recreational activity.
For the purposes of this section, "hazardous recreational activity" means a
recreational activity which creates a substantial (as distinguished from a minor,
trivial, or insignificant) risk of inj ury.
"Hazardous recreational activity" includes:
(1) Animal riding1, including ecLuestrian competition, archery,
bicycle racing or _jum~inc~, mountain bicycling, boating,
http://www.capitol.hawaii.gov/session2001 /bills/hb1024_.htm 10/25/01
_
H~ 1024 Page 2 of 3
canoeing, diving, hang gliding, hiking, ka~akin~, motorized
vehicle racing, off-road motorcycling or four-wheel driving of
_ - -
an~ kind, orienteering, pistol and rifle shooting, rock
climbing, rocketeering, rodeo, s~elunkin~c
, ski diving sort
- _
parachuting, ~araglidinq, body contact sports (i.e., sports in
which it is reasonably foreseeable that there will be rough
-
bodil~ contact with one or more ~artici~ants), skateboarding,
inline skating, roller hockey, surfing, tram~olininc~, tree
climbing, tree rope swinging, waterskiing, white water rafting,
and windsurfing. For the purposes of this paragraph, "mountain
bicycling" does not include riding a bicycle on ~ aved pathways,
roadways, or sidewalks;
(2) An~r form of diving into water from other than a diving
board or divines platform, or at anyplace or from a structure
where diving is prohibited and reasonable warning thereof has
been given.
(b) In a claim b~ a person against a counter alleging~ersonal iniury or death that
occurred when the person was ~artici~ating in, assisting, or observing a hazardous
recreational activity on counter-owned or controlled pro~ert~ the county shall be
liable only if the ink u~ or death occurred as a direct result of the county's:
_
(1) Failure to warn when:
(A) The counter had actual knowledge_of a physical
hazardous condition, sufficient time to warn against
the condition, and failed to do so; and
_
(B) When the physically hazardous condition was not
known to the person and would not have been known to
a reasonably prudent person participating, assisting,
or observing the same hazardous recreational
activity;
(2) Gross negligence, recklessness, or wilful, wanton, or
deliberate conduct.
(c) Nothing in this section shall limit the liability of an independent
concessionaire, or any person or organization other than the public entity, whether
or not the person or organization has a contractual relationship with the public
entity to use the public ~ro~ert~, for iniuries or damages suffered in any case as
a result of the operation of a hazardous recreational activity on public_propert~
by the concessionaire, person, or organization."
SECTION 2. This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were initiated, before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
http://www.capitol.hawaii.gov/session2001 /bills/hb 1024_.htm 10/25/01
. .
.
JOLT-05-2001 12 26 COUNTY OF KAUAI 808 241 6319 P.01i03 1~/
JUSTI~'ICATI®N SHEET
PROPOSER: County of Kauai
(For IISAC and Couazty Legislative Packages)
TITLE: RELATING TO LA1VD®W~N1ER'S LIABILITY
PURPOSE: Extends to the Counties the limitation of liability currently afforded to
private landowners who awake their land and water areas available to the
paabtic for recreational purposes.
MEANS: Amends Sections 520-I and 520-2, Hawaii Revised Statutes.
JUSTIFICATION: Limiting the liability exposure of counties for injuries occureirag on
County lands that are made available to the public for recreational
_ purposes will encourage the Counties to develop snore public recreational
areas, to work iaa Concert with land owners and developers to provide
increased recreational oppoatunities for flee public, and allow the counties
to focus on and to expend anonies on improvemcnts and infrastructures
that will benefit a greater nuanber of people rather than on insurance,
expensive litigation, defense costs and potential judganents.
OCT-05-2001 12 27 COUNTY OP KAUAI 808 241 6319 P.02i03
TWENTY-FIRST LEGISLATURE, 2002
STATE OF I~IAWAII
A FILL FOR AN ACT
RELATINCI TO LANDOWNER'S LIABILITY.
1glE YT (ENACTED ICY °I'lE~ LLGISLATUI~ CIF TIi~ STAT>~ OF' k~AV6~A,II:
SECTION 1. Sections 520-1 and 520-2,1-lawa~ii Bruised Statutes, are amended to Mead as
follows:
"5201. I'urQvses.
The purpose of this chapter is to encouRagr odarnrrs of land to make land and water arms
available to the public for recreational purposes by litxaiEing their liability toward persons cnterin$
thereon for such purposes to ~~te~~. the samo li~,~tation of liability to the various Co~xties.
520-2. Definitions.
As uscd ~ this chapter:
"Charge" yneans the omission price or fee in return for invitation or permissf on to enter or go
upon the land.
"house gtlest'° means any person speciRcally invited by the owner or a member of he owner's
household to visit at the owner's hoses whether for dinrirr, or to a party, for conversation or any
other sianilar psrs includarag for recreation, and includes playmates of the owner's minor
children.
"Land°° means land, roads, water, water courses, private ways and buildings, structures, mad
machinery or equipment wJhen attached to realty other than lands owned by the governmrnt].
"Owner" rlaeatas the possessor of a fee interest, a tenant, lessee, occupant, or person in control or
the preaxai~s gp>;udes the various Counties.
"Recreational purpose" iraclaadrs beat is not liraaited to any of the following, or any coa~abigaation,
thereof: laaaaating, fishing, swinatni~ag, boating, camping, picniclking, hiking pleasure driving,
nature study. water slciiaag, winter sports, and viewing or enjoying historical, archaeological,
scenic, or scieztti€ic sites.
"Recreational user" rracans any person wlao is on or about the premises that tlar owner of land
OCT-05-2001 1227 COUtJTY OF KAURI 808 241 6319 P.03i03
either directly or indirectly invites or permits, without charge, entry onto the property for
recreational purposes.'
SECTION 2. Statutory Ynaterial to be repealed is bracketed. New statutory material is
underscored.
SECTION 3. This Act shall take effect upon its approval.
TOTAl~ P.03
~`~!T HY~ 10- 8- 1 ; 9~02AM MAUI COUNTY CLERK-+ C ~ C OF HONOLULU;#17/2
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G~uracilm~rnh~r Charrv~ain~ ~'~v~res
fil~i~i ~~L~ATIh9~ T~ ftl~~Nt1~ ~~~M LIC~U~~ L1Cim~9Sie
F~
I~ilRi~~: fio designate ~ per~entag~ of liquor license f for fl~a~
~uradirag of ~dur.~#ior~, pr~v~ntio~, ~rtd ~r~~tr~~rr~ ~arogr~~rt~
de~ig ~ address ai~hol ~bus~. (Thy liquor rra~i~siar~s
would nob be required t~ cgnduct the progiarvas theeva~elves.)
JI~Fl~~T7i~: ~B~hol-r~lad ;~~~~s~~ ~h~uld b~ ud t~ ~dv~o i~~g-
lutloras to al~hoi abuse. ~urra~t ~tatua !aw r~gt~ires
that vanue~ frn tlq+~~r lsrases arad f ba u lily
~~ypp~~r~tgh~ ~p~9rq~~ti~at/sg~e/~th~ {u~y~ti~~~' r~ggsp~~y(~ I~lpgr
t~~$,pry p
ld~d B6 if ~ ®ll®B 6®e ~'6891~BW~~ M B~ R9fr~ 1 A~ ~id6 ~O~A6i 0.66i1'~8~1~~
~o~ial rvl ire rnuniti~s throughout ~l il, it s
apprespriate to also use ~ioohol-related ~veriue~ to partiaiiy
fund such pr~aga~rn~,
prevention of el~ohol abuse is ®bviously an p+ortant
public naede h appc~priata that revenues #hat c~t~e frrorn
the liquor l° o~ who profirt #r al~h~l ~
ailo ~d to paw ~ deigned to prevent arad t al~hol
~`hls p a~~l corfslstent ~+atta a vim that
~ven~tas ~r®r~ ~~qu In ~h~~ld b~ aar~ark~d ~~r
liquor-~alatad rp~sa~; the prep®sa! a~?uld ali~~ the ~x~s
nrven t®~ ud fir prevention grad treattnera# prograrns,
lta addltlcr~ to ~iq~~r-law enforc~ra~nt rnsua ltirraately, if
al~hoi~abu pr+o~ are adequately funded, ire wall be
ned ri ~ enfioneent.
By; 10- 8- 1 9~03AM ~ 1~1AU1 COUNTY CLERK°~ C & C OF HONOLULU#1812
• ~ r
~ ' ~i" .
~A00 1 e"iSel~
~~L~~1iVta ~ N~~~ F~~~l! L.it~lJ~Ft !.l~~1V~E
S`~°IN 1. 'it~OV 2~°i-17, pis ~~~d rr~d~d t®
~ll~~
i®i7`. ~ur~~dlt~~ ~~d p
juri~da , ~ut~c~r~y, ~rtd da'~ sib#~ ~n~y t~ i~ ~°t~
~Lf ~ ~~y S~d~p~~~q p~ ®N i~9el~9lp'}~di~ 9 9~`
~i~, i~ ~~~8 ~~d i ;
°fi~ ~pp~pr ri g~art~! ~ p n , dire ~r irir~Y.
try r~~ ~r iir~~r bpi a ' ~t
pt~~;
(3) p~rvf~~, ~~td I~ the na r®m ~~tp® '~r~,
I~q~~ by ~ ~i~r~, ~rrtn~ ~i~i~~ ~~i~~,~
~ r~ti. std ~dt~ ~~~d~d th~~ ,y ~
~ ~r I p r~ phi b~ ~Iis°r~' ti~~r~ d sir
~t fl~ ~~~i~ t' r~ Iic~ ~
S~1WT 8Y : 10- 8- 1 ; 9 ~ 03A1~i MAU 1 COUNTY CLERK- C ~ C OF iiONOLULU ; # 19/2
fir-;.? s
~r®r~ ~ tittY~ r~~rado d ~I ~h r~i, ~®t
i~n~e~t~nt v~i#h thl~ ~ha r. ~s i~ the ~udgm~s~t the ~r~rnai~~ ~~y
~ppr~pri~#~ fir c~rr~r~g but this ~hapt~r ~~d fir ~fl~~io~ttt ~d~initi~n
ther~~f, ~r~d the p~p~r s~nd~~ ~f the b~~~~~ III Iir~ , ~~c~~di~ ~v~ry
tt~r ~r thing q~Ir~d t~ b~ d~~~ ~r ~irhl~I°g r b~ dart the ~pp~v~I +ar
n~~nt ~r by c~rd~r ~r ~nd~r the dir®~ ~r s~p~~~ ~f ~r p~~rib~d by
the ~,°rEmI~~I~r~; e~hich rt~I®~, ~h~rt ~d~p pr~vld~dd in pt~r ~ ~h~1I h~v~
the ~r~~ ~r~d ice;
(5~ ~~tb~~ ~h~ r~ 7I~ d T7, ~pp~Int end w~
~dtt°~ini car, ~h® ~i~~ pp;~i~ ~t I~ r hail b~
r~~p®rt~il~I~ ~r ~ ctp~r~tu~n~ ~ ~ ®f ® . °Th~ ~d~ia~' r Y
hlr~ ~r~d r~r~v~ h , s~tv~ r~, d cIe ' c'r ~
its b~sira~ Y m ~ tai ~nR~ Ire, a fh~lr d~~a ~ floc
th~Ir pin ~o g~ ~ ~d ire
the pr~~tl ~f proiar~, If d® l~nte ~v~ty int? gar, that the
p~ the ietrr® ~t~r°~ d9~ti~~, ~h~II h~v~ ~f p®Ii ~ . N~
~rrtphy~ ~f ~y ids fry c~ ' ' g the sight vc~t~, ~ha11
~stpp~rt4 ~d~® , ~r d in t~ ~I r~ d~f ~f ~d! ~r p~tbli~
. std cc~ ~p p ~f hib' ~ ity ~flnd~r I
b~ rlly d 6$$ ,
T~ ~ n ~r ~f Ii ~f arty ~ ®s kind Its the ~~ty.
~r the ~f n t~f ~~y ~r d~ b~~n any
! aty, I~ ttt~ ~~dgt~a~nt ~f t~tii~t~ ~h ilr~itl~n~ ~ Its ~
ptlbli~ i .
BENT BY~ 10- 8- 1 ; 9:04AI~[ ; MAU[ COUNTY CLEEt[C~ C & C OF [-IONOLULU;#20/~
x,: :
gig®~, d d~tcsn~ # ~ ®b~~d ire t~ ®f ~
dupti #ic~~~ ply ~rt~ ~tlgd h~v~ b list d yea
in~tudin a ~~nt ~~y i~d ity drr~~d apPp~ ~ th®
try ~ h~~~ b~ h# ~~~~~d p ~~y ~f
~p fir basin. hl ~h~!! b~
~rait~rm tnr~t~~h~t~ #h~ un~/ ~ t~ ' ~y;
p 'b~ ~ ~d iar ~ purp~s~~ a nit
~~i~~ prt~~rid~d ter ~pc. d ~h ~~d ~ pink
~f b~~ks. b~ apt by i~ y r 'Wing
the b~i~In
{~0) fi~ li71~ ~ 9e~9 ' the ~ 2 ~°a~,
ding the ~y, v ##~n~ + ~ ~pplib spa ~
~ ~ t~~ !pls. ~'1r~t3gh ITS ~ .
tsi~fa~d~ Y# ~p~ c~p~~ ~1 06$ ~ ~h~ pT~~ g ~
r p~~ ' ~ Ada why ~pp~p ' ~i~ d$ ~3~T1 h~ ~~1d
d~$~~tTtir ply' i Y ! ~
(°I 1) by ~l~~ rtditl~ . end ~ ~nd~r
~h8~h ~ may py~d by ~~#d~rs
d#sp~ d ~ ~
cps 'vg's by gals pis: the prc~r~ ~ n~
~~d ~t~ t~ p~y~t~rt~ ~ ~ ~~ch !i ~ a~~ p~t~. end ~
ant ing
(9 3) p ' by ~tt~ ~nr~~ d p~lty fir the
~~tth~~d r~~n rlrt ~aUlt~ any ~i~u~r.
SENT BY~ 10- 8- 1 ; 9~04AM ; MAUI COUNTY CLERK-~ C & C 0~` HONOLULU;#21/2
ubj ~n~y t® this ~h er, ate c~~n~i~~i and each rem r f
phi ham ~ ~ p ~ re~peir~~ the adrnir~istering cif palling
the nd~n~e wig ~ d U~~t pr~du~#idn ®f d~~~enry evider~~e, end
~ irtir~g ~e witrte~ ~r~ p~~~ by ~ c~r~it c~~rt, ~~cept that ~e
~r~r~ai~sic~n and th~# ~h~it ~ b~ bend by the ~td~t I~~! r~f~~
~f e~iden~e. lr~ adds, the ~ shell have the p r i~ r~gc~ire e
pradu~i~r~ d t~ mine y b~ak~, p~par~, and rd~ pis any llrt
~hiCh rrt~y perh~ir~ the l°BnSee'S brine atnder the l' ~r which cney
pertain tc a nnatter ~ herring bef~r~ the ~~t~rni~~i®n ®r an irt~estiaticr~ by
e c~rntnt~~i®tl.
°f~ae €~n~tnni~~ion ~h~!! e0s~
have the.. ~ t~ ~r~yid~ ft~ndinc t~ the
~an~ $~r ~tsblic ~r~d
~rir~t ~r~~c o; hit-are ~revenY ~r~d let ~l~h~l
~btt~e tr+~thin the cur.
~i`h~ by the ~rr~i°r~i~~icr~ ®f the power, a r~y~ and dim ' ~
e~ted in it pt~r~ ~ chept~ sta~>! b~ fir~l end ~h~ll nit be retie le by
~r appealable tc art ~r tribunai, ea the prided in this
epter ®r peer 'i
~~~°['l~lml ~4 n ~7-1~'.5, I~ 'i nevi ~ s, i~ at~aended t~
~~d ~®ii
~1-17ep ; j~d, #h~d ~f ~ha~e, lirrtt
{e) any liquar B fee ~r any ins in an exi~ttin~ lic#u~r li se ~
~ght b~ iplara~e by any mrnia~ian shall have, its
~ -®no ~ ~ ~~d ~~p~g~p~r~~ ~pq~~~~p~~~~p@~t~~~y~ggt~~~g9~~~ ~,p~
8-® ~iOtl 4988 Bid88 Cb~ - 4~~y ~iiT B'®0iA®8, ?v#S i4N~~09~419~~
~ ~r ~rt$~n, and aal~ t~ liq, ~~r e
. d relates ~ B ini #i~n
~i~~i®rt i~ yet fir in tapter~ ~r, the ail,
~i'e~ illiirYi~6t t$„ ®r~~tr,t
~ de~icne
p ~t erect ~~trt ~!c®hol use end that r~~nre ~nd~ ~~r~uent tc
SENT BY ~ 10- 8- 1 ; 9 ~ 05AM MAU 1 COUNTY CLERIC C & C 0F' HONOLUL,U ; #22 /2
r
Any fiq~as~r ii+~n~~ ~r any ~~n~y~ s;s~fl~~fis~d ar a~sdd by
~~y liquor c~n'rnii®n ~nds~r 4hi~ ch~p4s~r ~~y anly bs~ r~s~d far s~st~
~rtd n~~s di relating to ~perian~l end >~dmi~i titesa ~st~
~~lly in~u by liqu®r s„arnrvti~aian saalls~ting as ~s~ie~ing ~u~fi
liquar lisnsr~ l's ar ~+o ~ end ~s~r ~fcahs~l :~bs,~s~ ~dtls~BsDn
~r~ys~ iQ~~ d fr~~ g &3rs~~g~~ ~+#hin #h~ s~s~ur ~ r~~~nt fs~
~~~;tis~n ~~~-~7. such sir nays shall n bsg fs~r ~
sir ~ ~~fier ~ th®~~ dir~sfy r>~l~ing 4a ~r~$is~n ~rtd
adst~ir~' 's~n.j
(b) Any in in the liquar ! u shall s~nly bs~ it~ihat~d by
lls~~sar s~tn'~i~ls~n sslaing gg tha ap val ~ha
ssunty's iala#i~ss body ~nd~~y®r.
Any [iq~ar srs~nlisssi~n king ~ s~tangE~ in lls~~tar les~!>~~ ~trus~r~
shall n all iin under ~hls pt+~r ~ by ~ s~ha~age
prs~pass# s~han~ and ~ n as ~u !i s~f the
~ s~lE.ttis~ g~.
(d) Ar~y liqu®~ c~rnissi®~ whiff y 'ryes ~ li m ~
ins !n a~ the ~urrt prs~s~ibs3d by fih~ ~n ;shall
lrn lily r~vi~~ l liquor ~ ns~ t sr~ to Keith
uirs~ sD~ this ~ 'son. Aray ~rnds in of ~syr scent
~ ~enr~rfssl~n's srnt b~dgs~3 ~ ~ bs~ ~ ar It ~~r~r,~uy
' ~ nt~d ~~r~~~ n t~..... i~~~nam h
s~c~ars~teal s~f ~taa ~ar.rn~re`s islaes~-bade. ~r;,pu -list
~ ~s~r3 at grid $ a! ha! lt~~;"
7"l~t~ 3. ~t~ r'Y nt l ts~ b~ r~ s i~ bras~ksad° N r~argo
~ r°ial i~ s~r~d~rss~
~~~~~]N 'his t sfiall ks~ ~~s s;~paet its approval.
SENT BY~ 10- 1 9~OlAM ; 14tAUl COUNTY CLERK-~ C ~ C OF HONOLULU;#12/
. • .
~:_s
ld+~ i ~i°160y~~~197
1~1~ ~ ~ _ . ~ ~®une~si~b~r +~h~~~ir~ fi'~c
1~L~R~. T® ~i ®$}~~bl~~g p~ yrgG@~w7ppgq! ' s~8,~~~npt~ap9~ t~~oi~0 ~ Q~~al~~~p~ ~nd~pSIlpq#/ygq p,
~0 A ({4B~ B ~C/'~~OJtl 6~ trd& ~ 6o~~V®$R.L~ 8A ~.RP Vlfd~B PB 4 ~~®6 ~96f6 1
the fi~ irt~p~ b~ ti3~ ~t~ u~t# ~hap$~r 291, Fl~~i'i
l~~vis®d ~tatut~~ ~"1°°t~"~.
~ tend ~ti~~ 2g1 ~-7 71, H~~
JU~~1~~~A'Ti~N: 09Vh11~ the s~t~s~~i~s ~ p~t~sibl~ fir the ~n t
~ 'd~ T' ~ ~ ~~~~n~ d~ri~~d fi~rr~
vi®la~~n~ paid Y~9~ t~ the a ~ ~ ~h®u~d
b~ ~u~h~ ' ip~~ ~dditi~r~ ~t~, in fr~n
irr~pr~ ~o 6°arr.'nnp~s
~40~1lT~
~ 13Y; 10- 8- 1 ~ 9~O1A~ MAUI COUNTY CLERK-~ C ~ C OF HUNULULU;#1~/z
' ~~tpJt . i~i.la~ i.~~r9s~si ubiiislh~Zb57
~It°~
`~r~f f is Fines ; Ccur~ty
~~~~It~~~~t
~ez~it~ t~aa ~~ttntiee t~ ina~ose o~dinanca additiorsal f~.~a~~ fcr
vioZatacna any cf the state tr~ffi.c Iaw~. i~e~uir~s tea
traffic violatioza~ ~t~r~au to collet the firaa~ laehalf of ehe
c®~tratiee and remit the~ri tv ti~~ ccsurtt~.~a os~ a ~e~ri~anntaal ba~i.s.
~6~`7
I~`Z`1i I~~~I~ ~~OQ
~~y~ Hy : 14 - 8- 1 ~ 9.41 Abl ~ l4iAU l COUNTY CLERK C C OF HONOLULU : # 14 / 2
. Jlv~d, ...eel. '°.~~v/s~a~c~~asmeas~eiR~tH~ba55`
la, ~ I I.I, ~'®Ft ~ A~
Ite~I~A°TII1iG ~Q ~F~F'FIC FI2J~~ .
~E IT e~3t t4~SI~ ~gf ~
1 ~~~°T`ION i . the pu~oae og ttii~ dot i~ to er~ahle the
~ respective countuea to imp®se aid c®ilact fines fQr violations of
3 the- atate~ride traffic code, X13 addition to the fiaaea ].mposed by
4 tYte State ~Y~der chapter ~91~.
5 S~~IQN 2. SeCtio~t ~91~-i7i, liawai~, ltevased statutes, is
6 amended to read follc~v~a
~ "3~91G-~°7~ ~i ~i~ion ~L fi~ea f~eit~~e. ia) X11
s fives ~ ~'orfei.tures colleeted upczt conviction or up®zx the
9 f ®rfeituge of mil of any pare®xt charged t?tith a viclatical of ~aray
~.o section or provision of t3ae statue traffic laws anc~ a1.1
~1 a~seasments ~®llected relati.~ag oo the c~stisaios~ of traffic
~2 infractions shall ~e paid t® the director of fir~anoe of the
~3 State t - ] ~ t e ~~~.u hr~,a-nce may a.t~e~se
d v ~ v ' i
1 S ~ tit ~0 ~ ~ t ' ~
16 ~
~ t c t
z8 r ~v° ~
I ~ ~ ~taxa
Pale ~ X65'7
I4.~. TTQ~.
SENT gy; 10- 8- 1 ; 9~02AM ; 14fAUl COUNTY CLERK°~ C ~ C OF HONOLULU;#15/2
' '
~J at~l.~'''•".ds.~~/a~~etttPbl~E~Phla2b3`
1 th ~ t me e h a i i t' n b e
2 hit 1 ect t f' s h c urn zee a s i r it th m
3 the resx~ective di.~ector of f~.nanc~~ of the cepunties en ~ s~
~e~
4 annu ,~~as ~ s
5 {b) In a~dciitior~ t® ~y n~c~~a~tary assessmen~ ia~pased for a
6 traffic infracti®ra, the caurt ~ttay ~.mpose pe~lties on alI
7 outstandiz~~ traffic citati®xis ~sd judetats. `The penalties shall
8 be established ~urauant to roles appr®ved kay the supreme court;
9 pr®vided that the amotants of the psraalties shall be based upaa a
~.0 ~raeguated scab that incree;ases ire proporti®n to ttae ler~gtYs of the
].1 delinquency. ~y interest penalty i.mpc~se~i as provided in this
l~ sect~.va~ ray he waived by the court f®r ®d cauae. ~I.1 penal~a.e~
~3 callected for such autstatadin~ citations and judents skaall h~
1~ paid to the director of finatace of the Mate [ J v,~d that ~f
~5 t o
' n f' e
~6 e ~ o ~ ar
~.7 t c 'v lr t f
l~e fznaa~k,~ thy, c~ tie,an nual ~aas~
1.9 ~1aC~Z~N 3 . statutory ctiaaterial to be repealed i~ bracketed .
~0 ~e~ statutory material is uridarsecared.
Fage 3 X657
Z~I . ~ . PPS .
~Ia~TI® ~ . ~'hi.s ,het slta].l take effect upon its apps®val .
SENT BY~ 1Q- 8- 1 9~02AM ; MAUI COUNTY CLERK C ~ C 0~' HONOLULU;#16/2
a91~tbZ6S ~
~ YIQ~~.T ~Y