REPORT TITLE:
Enterprise Zones


DESCRIPTION:
Provides general liability immunity for owners of agricultural
lands in state enterprise zones.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           77
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO AGRICULTURE.



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

 1      SECTION 1.  The legislature finds that in the interest of
 
 2 stimulating the proliferation and growth of diversified
 
 3 agricultural businesses on state enterprise zone lands, there is
 
 4 a need to encourage owners of agricultural land to have their
 
 5 lands used for agricultural purposes.  The legislature also finds
 
 6 that granting owners of agricultural lands located within a state
 
 7 enterprise zone limited immunity from liability accomplishes this
 
 8 goal.
 
 9      SECTION 2.  Chapter 209E, Hawaii Revised Statutes, is
 
10 amended by adding a new section to be appropriately designated
 
11 and to read as follows:
 
12      "�209E-    General liability immunity.  (a)  The owner of
 
13 agricultural zoned land, and the owner's directors, officers, and
 
14 employees shall not be liable for injuries to or death of persons
 
15 or damages to property if the injury, death, or damage:
 
16      (1)  Occurred on the land within a properly designated state
 
17           enterprise zone pursuant to this chapter;
 
18      (2)  Was caused by the negligent act or omission of the
 
19           operator of an agricultural business located on the
 

 
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 1           land within a state enterprise zone; and
 
 2      (3)  The land on which the injury, death, or damage occurred
 
 3           is owned by the owner.  
 
 4      (b)  Nothing in this section shall be construed to relieve
 
 5 the owner or lessee of agricultural zoned land located within a
 
 6 state enterprise zone from liability for personal injury, death,
 
 7 or property damage caused by the operator's wilful or malicious
 
 8 misconduct.
 
 9      (c)  As used in this section, the term "owner" means the
 
10 person who owns the title to property which is located within a
 
11 state enterprise zone and zoned for agricultural use in fee.
 
12      "Agricultural business" shall include commercial:
 
13      (1)  Cultivation of crops, including flowers, vegetables,
 
14           foliage, fruits, forage, and timber;
 
15      (2)  Game and fish propagation; and
 
16      (3)  Raising of livestock, including poultry, bees, fish, or
 
17           other animal or aquatic life that are propagated for
 
18           economic use."
 
19      SECTION 3.  New statutory material is underscored.
 
20      SECTION 4.  This Act shall take effect upon its approval and
 
21 shall be repealed on July 1, 2002.
 
22 
 
23                           INTRODUCED BY:  _______________________
 

 
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