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HomeMy WebLinkAboutRES 218 Draft 01 1996-1998 . . lNI. lUJ\1lUo..... COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 218 98 A RESOLUTION URGING THE HA WAIl StATE LEGISLATURE TO LIMIT THE COUNTIES' TORT LIABILITY ARISING FROM CERTAIN HAZARDOUS RECREATIONAL ACTIVITIES ON COUNTY-OWNED OR CONTROLLED PROPERTIES. WHEREAS, California State statute immunizes the liability of public entities and employees for injuries to persons or property damages arising out of a hazardous recreational activity on pu1;>llc property; and WHEREAS, under California law, the definition of hazardous recreational activities includes motorized vehicle racing, mountain bicycling, hand gliding, archery, pistol or rifle shooting, surfing, waterskiing, rock climbing and other similar activities; and WHEREAS, amendatory legislation is currently pending in the California State Assembly to add "Skateboarding" under the statutory definition of hazardous recreational activity; and WHEREAS, the County of Hawaii's exposure to tort liability is governed by the Hawaii Revised Statutes (HRS Section 46-1.5(22)), which expressly enables the counties to sue or be sued and which provides the basis on which the Hawaii State Supreme Court upheld two negligence suits against the County of Hawaii; and WHEREAS, due to the popularity of certain recreational activities such as in-line skating and skateboarding requests have been made to the County for development of safe recreational facilities dedicated to these activities; and WHEREAS, the County recognizes these activities as wholesome youth recreation and is in the process of developing two skateboard associations and/or skate facilities in both Hilo and Puna; and WHEREAS, the Council of the City and County of Honolulu has passed a similar resolution to the legislature for approval; and WHEREAS, the delay in the development of recreational facilities on public property to accommodate certain activities is due, in part, to the County's possible exposure to liability which can be resolved by the enactment of a state law limiting the counties tort liability. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HA WAIl that it urges the Hawaii State Legislature to limit the tort liability of the counties . . arising from certain hazardous recreational activities on County-owned or-controlled properties. BE IT FURTHER RESOLVED that the Clerk is directed to transmit copies of this Resolution to the President of the Senate and the Speaker of the House of Representatives; The Honorable Senator Andrew Levin; The Honorable Senator Wayne Metcalf; The Honorable Senator Malama Solomon; The Honorable Representative Robert Herkes; The Honorable Representative Eric Hamakawa; The Honorable Representative David Tamas; The Honorable Representative Paul Whalen; The Honorable Representative Jerry Chang; The Honorable Representative Dwight Takamine; The Honorable Mayor Stephen Yamashiro; George Yoshida, Director, Parks and Recreation Department and Richard Wurdeman, Corporation Counsel. Dated at HHo, Hawaii this _ day of 1998. INTRODUCED BY: ~ ~_..-z.; ~ COUNCILMEMBER, COUNTY OF HA WAIl COUNTY COUNCn.. County of Hawaii Hilo, Hawaii ROLL CALL VOTE I hereby certify that the foregoing RESOLUTION wu by the vote indicated to the right hereof adopted by the COUNCIL of the Connty of Hawaii on AYES NOES ADS EX ARAKAKI CHUNG LEITHEAD-TODD RAY REYNOLDS SANTANGEW SMITH TYLER YAGONG l,;-t t>~ Reference 218,' 98 A'ITEST: COUNTY CLERK' ,,: cHAIRMAN & PRESIDING OmCER RESOLUTION NO. , " . _I ~ ' ' , ~ \ "