Bill Text: HI SB2418 | 2012 | Regular Session | Introduced
Bill Title: Landowner Liability; Recreational Use Statute; Public Land
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-23 - (S) Referred to WLH/JDL, WAM. [SB2418 Detail]
Download: Hawaii-2012-SB2418-Introduced.html
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THE SENATE |
S.B. NO. |
2418 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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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:
SECTION 1. The legislature finds that Hawaii's recreational use statute, codified at chapter 520, Hawaii Revised Statutes, was first enacted in 1969. All states have some form of recreational use statute. These recreational use statutes are based on one of two uniform laws. As such, there are some variations between the states' laws, as states have amended their laws to further serve their intended purposes of encouraging private property owners to open up their lands to the public for recreational use either free of charge or for a nominal fee, while protecting landowners from legal liability for accidents that may occur to people using their land for recreational purposes, although landowners are still liable for intentional injuries and gross negligence.
The legislature further finds that landowners may wish to make improvements to their land, in order to make the property safer for recreational users, but the costs of these improvements may be prohibitive if they are not somehow offset. Some states, including Arizona, have allowed landowners to charge a nominal fee to help recover their costs of managing the access to the property. However, under Hawaii's existing law, even a small charge would terminate the landowner's protection from liability.
Other states, including Colorado, have incorporated provisions in their recreational use statutes that allow the prevailing party in a lawsuit involving recreational use of private property to recover costs and attorney fees. Therefore, if a landowner must defend himself or herself against a claim, and the owner prevails under the recreational use statute, then the owner would be entitled to recover costs and attorney fees. If the recreational user prevails, then the owner would be obligated to pay the user's costs and attorney fees. These types of provisions protect a landowner from nuisance suits, while also allowing a user to recover costs and fees when the landowner has acted wrongfully or otherwise does not qualify for limited liability under the recreational use statute.
The purpose of this Act is to further encourage private property owners to open up their lands to the public for recreational use by:
(1) Allowing a landowner, public entity, or a nonprofit corporation to charge a nominal fee to offset the cost of managing or providing access to the land for recreational purposes; and
(2) Allowing the prevailing party in a lawsuit involving recreational use of private property to recover costs and attorney fees.
SECTION 2. Chapter 520, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§520‑ Prevailing party; recovering costs and attorney fees. The prevailing party in any civil action by a recreational user for damages against an owner of land who allows the use of the owner's land for recreational purposes shall recover the costs of the action together with reasonable attorney fees as determined by the court."
SECTION 3. Section 520-2, Hawaii Revised Statutes, is amended by amending the definition of "charge" to read as follows:
""Charge" means the admission
price or fee asked in return for invitation or permission to enter or go upon
the land[.]; provided that a fee that is charged by a landowner, public
entity, or a nonprofit corporation to offset the cost of managing or providing access
to the land for recreational purposes shall not constitute a charge for
purposes of this definition."
SECTION 4. Act 82, Session Laws of Hawaii 2003, section 8, as amended by Act 152, Session Laws of Hawaii 2007, section 5, as amended by Act 81, Session Laws of Hawaii 2009, section 3, is amended to read as follows:
"SECTION 8. This Act shall take effect on
July 1, 2003[, and shall be repealed on June 30, 2014]."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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.
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INTRODUCED BY: |
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Report Title:
Landowner Liability; Recreational Use Statute; Public Land
Description:
Authorizes the recovery of costs and reasonable attorney fees by the prevailing party in a civil action under the recreational use statute. Allows a landowner, public entity, or a nonprofit corporation to charge a fee to offset the cost of managing or providing public access to land for recreational purposes and still be immunized from liability under the recreational use statute. Makes permanent certain liability protections for state and county governments relating to public lands.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
