REPORT TITLE:
Litigation Involving Highways


DESCRIPTION:
Limits the State's and counties' liability in highway cases where
drivers do not exercise reasonable care in driving or are under
the influence of alcohol or drugs.  (SD1)

 
a                                                     SB2760 SD1
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2760
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LITIGATION INVOLVING HIGHWAYS.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 662, Hawaii Revised Statutes, is amended
 
 2 by adding new sections to be appropriately designated and to read
 
 3 as follows:
 
 4      "§662-     Duty of State limited in highway cases generally.
 
 5 The State of Hawaii owes no duty to make a highway reasonably
 
 6 safe for:
 
 7      (1)  Vehicles traveling in excess of the speed limit unless
 
 8           the speed is within ten miles per hour of the speed
 
 9           limit or the speed advisory, whichever is less; or
 
10      (2)  Vehicles driven by an individual who is under the
 
11           influence of intoxicating liquor as determined under
 
12           section 291-4, 291-4.4, or 291-4.5 or driving under the
 
13           influence of drugs as determined under section 291-7.
 
14      §662-     Duty of counties limited in highway cases.  The
 
15 duty of the counties of this State in tort cases involving
 
16 highways shall be limited to the same extent as the duty of the
 
17 State of Hawaii is limited under section 662-   ."
 
18      SECTION 2.  New statutory material is underscored.
 
19      SECTION 3.  This Act shall take effect upon its approval.
 

 
a                                                     SB2760 SD1