Report Title:

Liability; Immunity

 

Description:

Grants government property owners immunity from civil liability incurred when a person is injured while engaging in a recreational purpose on land not maintained for recreational purposes by the government entity.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1458

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to landowner liability.

 

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

SECTION 1. Chapter 520, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§520-     Immunity from civil liability. Notwithstanding any law to the contrary, no government entity shall be liable in any civil action for damage, injury, or loss resulting to a person who is injured or for property that is damaged on any land owned by the government entity while the person was engaging in a recreational purpose as defined in 520-2, unless the government entity undertook to maintain for recreational purposes the particular place where the injury or damage occurred."

SECTION 2. Section 520-1, Hawaii Revised Statutes, is amended by amending the definition of "land" to read as follows:

""Land" means land, roads, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to realty[, other than lands owned by the government]."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________