HomeMy WebLinkAboutRES 218 Draft 02 1996-1998
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COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO.---2.la-9.8-
(DRAFT 2)
A RESOLUTION URGING THE HAWAII 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 public 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, 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 RESOL YED BY THE COUNCIL OF THE COUNTY OF
HAWAII 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 RESOL YED 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
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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 Hilo, Hawaii this _ day of
1998.
INTRODUCED BY:
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COUNCILMEMBER, COUNTY OF HAWAII
COUNTY COIINCIL
County of "aii
HiI~ BaWlii
ROLL CALL VOTE
I hereby certify that the fel'eJDlilg RESOLUTION was by the
vote indicated to the right hereof.....teet by the COUNCIL of the
County of Hawaii on
AYES NOES ADS EX
ARAKAKI
CHUNG
LEITJIEAD.. TODD
RAY
REYNOLDS
SANTANGEW
SMITH
TYLER
YAGONG
Reference C-668. 02
ArrEST:
COUNTY CLERK
CILl~N & PRESIDING OmCER RESOLUTION NO.
218 98 (DRAFT 2)