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HomeMy WebLinkAboutCOM 0358.011 2008-2010 H•g•1o39 JUSTIFICATION SHEET DEPARTMENT: Attorney General TITLE: A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY. PURPOSE: The purpose of this bill is to make permanent the liability protections for warning signs for outdoor recreation on public lands. At present, the warning sign liability protections provided in Act 82, Session Laws of Hawaii (SLH) 2003. MEANS: Amend section 8 of Act 82, SLH 2003, as amended by section 5 of Act 152, SLH 2007. JUSTIFICATION: Act 82 established a process by which a legally adequate warning system could be developed for improved public lands. Act 82 was intended to increase the public safety and protect the State and counties from unlimited liability arising out of recreational activities on public lands. Many of these lands are inherently dangerous and contain potential risks. Act 82 created a process in which a risk assessment group reviews the design and placement of proposed warning signs that are later approved by the Board of Land and Natural Resources after input from the public. This process has allowed the State and counties to refine signage and improve the quality of warning signs on public lands throughout the State, benefiting public users. As a result of Act 82, the public safety has in fact been increased by the design and placement of state-of-the-art warning signs. Indeed, these warning signs have been made more uniform throughout the State, and they serve as model signs for other governmental entities to use. This warning sign process has increased public safety and brought credit upon this State, and should be made permanent. Gomm. No. 3 S 0• ~ ~ Ref. To: Ref. Data _ aG` 0 1 2009 ATG-30(09) rt • ~ .1039 Page 2 Impact on the public: The public in general will benefit from the increase in public safety as well as from the saving of public funds. Impact on the department and other agencies: The Department of Land and Natural Resources and the counties will benefit by having permanent protection from unlimited liability arising out of the public use of recreational land as long as the process established for warning signs is followed. GENERAL FUND: None. OTHER FUNDS: None. PPBS PROGRAM DESIGNATION: None. OTHER AFFECTED AGENCIES: Judiciary. EFFECTIVE DATE: Upon approval. ATG-30(09) N B. NO. 103q A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The warning sign liability protections provided 2 in Act 82, Session Laws of Hawaii 2003, will sunset on June 30, 3 2010. Act 82 established a process by which a legally adequate 4 warning system could be developed for improved public lands. 5 The legislature finds that Act 82 has increased public safety 6 and protects the State and counties from unlimited liability 7 arising out of recreational activities on public lands, and, 8 therefore, should be made permanent. 9 The purpose of this Act is to make permanent the liability 10 protections for warning signs for outdoor recreation on public 11 lands. 12 SECTION 2. Act 82, Session Laws of Hawaii 2003, as amended 13 by section 5 of Act 152, Session Laws of Hawaii 2007, is amended 14 by amending section 8 to read as follows: 15 "SECTION 8. This Act shall take effect on July 1, 2003[- 16 and shall be repealed an d,ane 38, 2010]." 17 SECTION 3. Statutory material to be repealed is bracket 18 and stricken. ATG-30(09) Page 2 I- B. NO. 1039' 1 SECTION 4. This Act shall take effect upon its approval. 3 INTRODUCED BY: 4 BY REQUEST JAN 2 6 2009 ATG-30(09) B. NO. I03q Report Title: Public Land Liability Description: Makes permanent the limitation of liability for public entities based on the duty to warn of dangers on public lands. ATG-30(09) ATTACHMENT S The owner of four adjoining parcels, known as the 'Pahoa Stearn Vents' (PSV) in the District of Puna, has expressed an interest in selling these properties. The PSV are worthy of preservation as they are an irreplaceable natural resource used by thousands of residents and visitors to the County of Hawaii every year. There is a great urgency to purchase the PSV as they may easily be bought by private interest. The owner would prefer that the vents be opera to the public and giving the County preferential consideration but I do not know for how long. If the PSV are sold into private hands, the future of this priceless natural resource may be determined by the purchaser, without input from residents or the Native Hawaiian community. The goal is to acquire the four parcels that make up the PSV, using; a combination of the Open Space Fund and the Geothermal Relocation and Community Benefits Fund. In purchasing the PSV, we are preserving an area of true scenic beauty, investing in our quality of life here in Hawai'i and ensuring that future generations continue to have access to this valuable healing resource. Here is some history. The PSV was created as a result of the 1955 lava flow. During the eruption the lava formed uniquely beautiful natural steam saunas and the community has been utilizing them ever since. The vents are some of Mother Nature's most amazing handiwork, located in Puna's backyard, three miles outside Pahoa and 10 miles from several rural subdivisions. The PSV are a popular attraction. The viability of an already existing network calling attention to the PSV is evidenced by the 2000 internet links promoting them, mostly by tour groups and bed and breakfast's who advertise them as part of their offerings of adventure to our Big Island visitors. They provide a place to go in nature to relax and steam. An opportunity to enjoy passive recreational activities, that do not involve sports, like steaming and observation of Hawai'i's geology. The value is priceless. Taking a steam bath in one of the cave sauna is a unique experience: with the health benefits being both physical and spiritual. Some of the health benefits of steaming include but are not limited to, youthful hydrated skin, detoxification, relaxed muscles and relief from muscle/joint pain. The steam is very therapeutic providing an outlet to melt away tension, anxiety and the pounds. Medical studies have proven that a person can burn up to 600 calories in a thirty minutes steam. On an island where weight, depression and diabetes are big problems this purchase can be utilized to help deal with this reality thereby having a positive impact on the overall health of the community. The mission is to use open space. designation to preserve and protect the PSV forever so their beauty can be experienced for generations to come. The long term vision includes building an ADA approved steam room so handicapped people and older people can enjoy the sauna too. Parks and Recreation and a designated nonprofit organization could maintain the property area for the health and well-being of the public. What is beautiful here is that it all sums up the actual positive uses of the PSV as a model of a sustainable natural resource; and a tremendous community health benefit, all in one location.