STAND. COM. REP. NO.  301

 

Honolulu, Hawaii

                , 2011

 

RE:   H.B. No. 226

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committees on Water, Land, & Ocean Resources and Agriculture, to which was referred H.B. No. 226 entitled:

 

"A BILL FOR AN ACT RELATING TO LANDOWNER LIABILITY,"

 

beg leave to report as follows:

 

     The purpose of this bill is to establish that an owner or occupier of land:

 

     (1)  Owes no duty of care to:

 

          (A)  Keep land safe for entry or use by a person who commits criminal trespass; or

 

          (B)  Provide warning of a dangerous condition, use, structure, or activity on the land;

 

     (2)  Is not liable to a trespasser for any injury or death that occurs on the property during or after the commission of certain crimes; and

 

     (3)  Is not liable for any civil damages resulting from the acts or omissions of a person who commits criminal trespass, except for the damages that may result from the owner of land's or occupier of land's gross negligence or wilful or wanton acts that caused the injury or death.

 

     The Department of Agriculture; Department of Land and Natural Resources; Hawaii Farm Bureau Federation; Maui County Farm Bureau; Haleakala Ranch; Land Use Research Foundation of Hawaii; Ulupalakua Ranch, Inc.; Hawaii Cattlemen's Council; Kauai Cattlemen's Association; Maui Cattlemen's Association; Kamehameha Schools; and numerous concerned individuals supported this bill.  The Hawaii Association for Justice opposed this measure.

 

     After careful consideration, your Committees have amended this bill by providing that an owner or occupier of land is not liable for any injury, death, loss, or damage suffered by any trespasser, unless the injury, death, loss, or damage:

 

     (1)  Was intentionally inflicted upon the trespasser by the owner or occupier of the land; or

 

     (2)  Was caused by the gross negligence of the owner or occupier of the land.

 

Furthermore, the intentional act or gross negligence must have been committed by the person sought to be held liable.

 

     Technical, nonsubstantive amendments were also made for the purposes of clarity, consistency, and style.

 

     As affirmed by the records of votes of the members of your Committees on Water, Land, & Ocean Resources and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 226, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 226, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committees on Water, Land, & Ocean Resources and Agriculture,

 

 

____________________________

CLIFT TSUJI, Chair

 

____________________________

JERRY L. CHANG, Chair