Report Title:

Liability on Agricultural Land

Description:

Exempts qualified farmers from liability when a person who trespasses and commits, or attempts to commit, theft on the farmer's agricultural land is injured. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1639

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to agricultural liability.

 

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

SECTION 1. The legislature finds that agricultural theft is a growing problem for Hawaii's farmers. Millions of dollars worth of goods and equipment have been stolen from agricultural lands over the years. In addition to the monetary cost of replacing the stolen items, a farmer may also face the additional burden of liability if a person who has unlawfully entered the farmer's land is hurt and subsequently sues the farmer.

The purpose of this Act is to exempt qualified farmers from civil liability when a person, who enters or remains on the farmer's agricultural land without permission and commits, or attempts to commit, theft of agricultural equipment, supplies, or commodities on the agricultural land, is injured.

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663-   Agricultural trespass or theft; exemption from liability. (a) A qualified farmer shall be exempt from civil liability for injuries and damages suffered by a person on the qualified farmer's agricultural land who:

(1) Enters or remains on the agricultural land without the permission of the qualified farmer; and

(2) Commits, or attempts to commit, theft of agricultural equipment, supplies, or commodities on the agricultural land;

except for such damages or injuries that may result from the qualified farmer's gross negligence or wanton acts or omissions.

(b) As used in this section:

"Agricultural commodities" includes floricultural, horticultural, viticultural, aquacultural, forestry, nut, coffee, bee, dairy, livestock, poultry, animals raised by grazing and pasturing, and any other farm, agronomic, or plantation products.

"Agricultural land" means land used for the production of agricultural commodities. It includes land required for a farm dwelling and other farm buildings and roads.

"Qualified farmer" means a person who:

(1) Owns agricultural land or leases or rents agricultural land from others;

(2) Actively uses at least one-third of the agricultural land for the production of agricultural commodities; and

(3) Derives income from the sale of the agricultural commodities."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.