REPORT TITLE:
Disasters; Immunity


DESCRIPTION:
Grants immunity from civil liability to persons who voluntarily
allow their property to be used by civil defense authorities as a
shelter during natural disasters, as well as during hostile
actions, in the event of the death of or injury to a person or
damage to personal property.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1417       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO IMMUNITY FROM LIABILITY.



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

 1      SECTION 1.  The legislature finds that under chapter 128,
 
 2 Hawaii Revised Statutes, persons who voluntarily allow their
 
 3 property to be used by civil defense authorities as an emergency
 
 4 shelter during an actual, impending, mock, or practice attack are
 
 5 given immunity from civil liability in the event of the death of
 
 6 or injury to any person or damage to personal property.  The
 
 7 legislature finds that there is a similar need to encourage
 
 8 persons to participate in natural disaster relief as well, such
 
 9 as during hurricanes and earthquakes.  The purpose of this Act is
 
10 to expand and clarify existing law to provide immunity from civil
 
11 liability for persons who voluntarily allow their structures to
 
12 be used by civil defense authorities as shelters during natural
 
13 disasters, as well as during hostile actions, for the duration of
 
14 time in which the structures are used for that purpose.  The
 
15 legislature finds that this Act will enable property owners to
 
16 participate in civil defense relief.
 
17      SECTION 2.  Section 128-19, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "�128-19  Immunity from liability of private shelter.  Any
 

 
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                                     H.B. NO.1417       
                                                        
                                                        

 
 1 individual, partnership, firm, society, unincorporated
 
 2 association, joint adventure group, hui, joint stock company,
 
 3 corporation, trustee, personal representative, trust estate,
 
 4 decedent's estate, trust, or other legal entity whether doing
 
 5 business for itself or in a fiduciary capacity, owning or
 
 6 controlling real property, who voluntarily and without
 
 7 compensation grants a license or privilege for, or otherwise
 
 8 permits, the designation by the director of civil defense for the
 
 9 use of the whole or any part of the property for the purpose of
 
10 sheltering persons during [an]:
 
11      (1)  An actual, impending, mock or practice attack [shall,];
 
12           or
 
13      (2)  A disaster caused by fire, flood, seismic or tidal
 
14           wave, tsunami, volcanic eruption, earthquake, or other
 
15           natural cause, or any combination of these causes;
 
16 together with its successors in interest, if any, shall not be
 
17 civilly liable for negligently causing the death of or injury to
 
18 any person or damage to any personal property on the property of
 
19 the licensor in connection with the use of the licensed premises
 
20 for the purposes designated."
 
21      SECTION 3.  This Act does not affect rights and duties that
 
22 matured, penalties that were incurred, and proceedings that were
 
23 begun, before its effective date.
 

 
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                                     H.B. NO.1417       
                                                        
                                                        

 
 1      SECTION 4.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect upon its approval.
 
 4 
 
 5                              INTRODUCED BY:______________________