Report Title:

Landowner Liability; Invasive Species Control; Eradication Programs

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)

HOUSE OF REPRESENTATIVES

H.B. NO.

193

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to landowners' liability.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

LANDOWNER LIABILITY; INVASIVE SPECIES CONTROL;

ERADICATION PROGRAMS

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

§520A-2 Definitions. As used in this chapter:

"Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.

"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.

"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.

"Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises.

"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.

§520A-3 Duty of care of owner limited. Except as specifically recognized by or provided in section 520A-5, an owner of land owes no duty of care to keep the premises safe for entry or use by others 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 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.

§520A-4 Liability of owner limited. (a) Except as specifically recognized by or provided in section 520A-5, an owner of land who either directly or indirectly invites or permits without charge any personnel or volunteer 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 injured personnel or volunteers 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 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 invasive species control or eradication purposes under subsection (a).

§520A-5 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 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 2. This Act shall take effect upon its approval.