Report Title:

Landowners' liability

Description:

Encourages landowners to allow land and water access to personnel and volunteers of invasive species control or eradication programs by limiting the landowners' liability toward persons entering their property for these control and eradication purposes. (SD1)

THE SENATE

S.B. NO.

552

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to landowners' liability.

 

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

SECTION 1. Section 520-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Invasive species" means any plant, plant pest, noxious weed, microorganism, biological control organism, or animal that can directly or indirectly injure or cause damage to the agriculture, horticulture, aquaculture, animal or public health, or the interests of irrigation, navigation, natural resources of the State, of the environment.

"Volunteer" means a person performing services without compensation, other than reimbursement for actual expenses incurred, for a nonprofit organization, a nonprofit corporation, or a governmental entity."

SECTION 2. Section 520-1, Hawaii Revised Statutes, is amended to read as follows:

"§520-1 Purpose. The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes and to personnel and volunteers of invasive species control or eradication programs by limiting their liability toward persons entering thereon for such purposes."

SECTION 3. Section 520-3, Hawaii Revised Statutes, is amended to read as follows:

"§520-3 Duty of care of owner limited. Except as specifically recognized by or provided in section 520-6, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or for invasive species control or eradication programs, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes, or to persons entering for a purpose in response to a recreational user, personnel or volunteer of an invasive species control or eradication program, who requires assistance, either direct or indirect, including but not limited to rescue, medical care, or other form of assistance."

SECTION 4. Section 520-4, Hawaii Revised Statutes, is amended to read as follows:

"§520-4 Liability of owner limited. (a) Except as specifically recognized by or provided in section 520-6, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes or any personnel or volunteers of an invasive species control or eradication program does not:

(1) Extend any assurance that the premises are safe for any purpose;

(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;

(3) Assume responsibility for, or incur liability for, any injury to person or property caused by an act of omission or commission of such persons; and

(4) Assume responsibility for, or incur liability for, any injury to person or persons who enter the premises in response to an injured recreational user[.], or personnel or volunteer of an invasive species control or eradication program.

(b) An owner of land who is required or compelled to provide access or parking for such access through or across the owner’s property because of state or county land use, zoning, or planning law, ordinance, rule, ruling, or order, to reach property used for recreation purposes or by personnel or volunteers of invasive species control or eradication programs, or as part of a habitat conservation plan, or safe harbor agreement, shall be afforded the same protection as to such access, including parking for such access, as an owner of land who invites or permits any person to use that owner’s property for recreational or invasive species control or eradication purposes under subsection (a)."

SECTION 5. Section 520-6, Hawaii Revised Statutes, is amended to read as follows:

"§520-6 Person using land. Nothing in this chapter shall be construed to:

(1) Create a duty of care or ground of liability for injury to persons or property[.]; or

(2) Relieve any person using the land of another for recreational or invasive species control or eradication purposes from any obligation which the person may have in the absence of this chapter to exercise care in the person’s use of such land and in the person’s activities thereon, or from the legal consequences of failure to employ such care."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.