[§662-18]  Conclusive presumptions;
unexploded ordnance on Kaho‘olawe and in the ocean adjacent to Kaho‘olawe. 
(a)  The State shall have a duty to warn persons who enter the Kaho‘olawe
island reserve specifically of the dangers posed by unexploded ordnance on the
island or in the adjacent ocean.



(b)  A sign, signs, or other device warning of
the dangers posed by unexploded ordnance on the island or in the adjacent ocean
shall be conclusively presumed to be legally adequate to warn of those dangers
if:



(1)  The State posts the sign, signs, or other device
on the island; and



(2)  The design and placement of the sign, signs, or
other device is approved by the Kaho‘olawe island reserve commission.



(c)  Prior to approving the design and
placement of a warning sign, signs, or device under this section, the Kaho‘olawe
island reserve commission shall:



(1)  Consider the needs of the public to be warned of
the dangers posed by unexploded ordnances on the island and in its adjacent
ocean; and



(2)  Consult the task force on warning signs and
devices for the Kaho‘olawe island reserve.



The Kaho‘olawe island reserve commission may
seek the advice of the United States Navy or other agency of the United States
of America with respect to the appropriate design of warning signs or devices
and their placement.  The Kaho‘olawe island reserve commission may require
warning signs or devices in addition to the signage before approving the design
and placement of a warning sign or device.



(d)  Approval of the design and placement of a
warning sign or device under this section shall be a discretionary function
under section 662-15(1).



(e)  If a warning sign or device posted or
established in accordance with this section is vandalized, otherwise removed,
or made illegible, the conclusive presumption provided by subsection (b) shall
continue for a period of ten days from the date that the vandalism, removal, or
illegibility is discovered by the State.  The Kaho‘olawe island reserve
commission shall maintain a record regarding each report of vandalism, removal,
or illegibility that results in the replacement of a warning sign or device on
the island of Kaho‘olawe.  The record shall include the date and time of the
report and of the replacement of the warning sign or device.



(f)  Chapter 91 shall not apply to any action
taken, or any procedure followed by the Kaho‘olawe island reserve commission
pursuant to this section. [L 2002, c 218, §2]