REPORT TITLE: 
Liability; immunity


DESCRIPTION:
Grants property owners immunity from civil liability incurred
when a person is injured on the owner's land while engaging in a
"recreational purpose" on private land or on a government-owned
trail or access.  (HB582 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        582
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO LANDOWNER LIABILITY.



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

 1      SECTION 1.  Chapter 520, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "520-       Immunity from civil liability.  Notwithstanding
 
 5 any law to the contrary, no owner or lessee of land in the State
 
 6 shall be liable in any civil action for damage, injury, or loss
 
 7 resulting to a person or property who is injured on the owner's
 
 8 land while engaging in a "recreational purpose" as defined in
 
 9 520-2."
 
10      SECTION 2.  Section 520-1, Hawaii Revised Statutes, is
 
11 amended by amending the definition of "land" to read as follows:
 
12      ""Land" means land, roads, water, water courses, private
 
13 ways and buildings, structures, and machinery or equipment when
 
14 attached to realty[, other than] and unimproved lands owned by
 
15 the government[.] used for trails and access as more particularly
 
16 defined in Section 198D-1."
 
17      SECTION 3.  Section 520-4, Hawaii Revised Statutes, is
 
18 repealed.
 

 
Page 2                                                     582
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      ["520-4 Liability of owner limited.(a)  Except as
 
 2 specifically recognized by or provided in section 520-6, an owner
 
 3 of land who either directly or indirectly invites or permits
 
 4 without charge any person to use the property for recreational
 
 5 purposes does not:
 
 6      (1)  Extend any assurance that the premises are safe for any
 
 7           purpose;
 
 8      (2)  Confer upon the person the legal status of an invitee
 
 9           or licensee to whom a duty of care is owed;
 
10      (3)  Assume responsibility for, or incur liability for, any
 
11           injury to person or property caused by an act of
 
12           omission or commission of such persons; and
 
13      (4)  Assume responsibility for, or incur liability for, any
 
14           injury to person or persons who enter the premises in
 
15           response to an injured recreational user.
 
16      (b)  An owner of land who is required or compelled to
 
17 provide access or parking for such access through or across the
 
18 owner's property because of state or county land use, zoning, or
 
19 planning law, ordinance, rule, ruling, or order, to reach
 
20 property used for recreation purposes, or as part of a habitat
 
21 conservation plan, or safe harbor agreement, shall be afforded
 
22 the same protection as to such access, including parking for such
 
23 access, as an owner of land who invites or permits any person to
 

 
Page 3                                                     582
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 use that owner's property for recreational purposes under
 
 2 subsection (a)."]
 
 3      SECTION 4.  This Act does not affect rights and duties that
 
 4 matured, penalties that were incurred, and proceedings that were
 
 5 begun, before its effective date.
 
 6      SECTION 5.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 6.  This Act shall take effect upon its approval.