Bill Text: HI SB745 | 2014 | Regular Session | Introduced
Bill Title: Landowners' Liability; Recreational Use; Waiver
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB745 Detail]
Download: Hawaii-2014-SB745-Introduced.html
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THE SENATE |
S.B. NO. |
745 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to landowners' liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 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;] the person; 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.
(b) An owner of land who is required or
compelled to provide access or parking for [such] the 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 as part of a habitat conservation plan, or
safe harbor agreement, shall be afforded the same protection as to [such]
the access, including parking for [such] the access, as an
owner of land who invites or permits any person to use that owner's property
for recreational purposes under subsection (a).
(c) An owner of land shall not be liable for any injury to person or property resulting from a person's use of the land for recreational purposes if the person voluntarily signs a written release waiving the owner's liability for injuries resulting from the use."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Landowners' Liability; Recreational Use; Waiver
Description:
Limits a landowner's liability if a recreational user voluntarily signs a written release waiving the owner's liability for injuries resulting from the use.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
