HOUSE OF REPRESENTATIVES

H.B. NO.

219

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRESPASS ON PUBLIC PROPERTY.

 

 

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

 


     SECTION 1.  The legislature finds that the department of business, economic development, and tourism has estimated that:

     (1)  The total surface area of the State of Hawaii is approximately 4,123,000 acres;

     (2)  Approximately 1,565,538 acres is owned by the State;

     (3)  Approximately 530,123 acres is owned by the federal government; and

     (4)  Approximately 2,095,661 acres of the total surface area of the State of Hawaii, or 50.8 percent, is public property.

     The legislature further finds that because of limitations in financial and staff resources, government agencies are not able to adequately monitor access of all public property.  While certain areas are fenced and access is limited, literally thousands of acres of public lands go without any monitoring to ensure that public access is regulated to ensure the welfare and safety of users.

     The legislature acknowledges that Hawaii's State Tort Liability Act, chapter 662, Hawaii Revised Statutes, waives the State's immunity for actions arising from torts occurring on its property.

     In light of this, the legislature believes that there is a need to limit the State's exposure to tort liability, especially in those cases where persons trespass onto public property.  In instances where a person enters public property without due authorization, the legislature declares that the State shall be immune from any tort liability arising from the trespass.

     The purpose of this Act is to assert the State's sovereign immunity from all torts arising from trespass onto public property.

     SECTION 2.  Section 662-15, Hawaii Revised Statutes, is amended to read as follows:

     "§662-15  Exceptions.  This chapter shall not apply to:

     (1)  Any claim based upon an act or omission of an employee of the State, exercising due care, in the execution of a statute or regulation, whether or not [such] the statute or regulation is valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a state officer or employee, whether or not the discretion involved has been abused;

     (2)  Any claim arising in respect of the assessment or collection of any tax, or the detention of any goods or merchandise by law enforcement officers;

     (3)  Any claim for which a remedy is provided elsewhere in the laws of the State;

     (4)  Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, trespass onto public property, or interference with contract rights;

     (5)  Any claim arising out of the combatant activities of the Hawaii National Guard and Hawaii state defense force during time of war, or during the times the Hawaii National Guard is engaged in federal service pursuant to section 316, 502, 503, 504, 505, or 709 of title 32 of the United States Code;

     (6)  Any claim arising in a foreign country; or

     (7)  Any claim arising out of the acts or omissions of any boating enforcement officer."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Sovereign Immunity; Trespass onto Public Property

 

Description:

Asserts sovereign immunity from torts arising from trespass onto public property.

 

 

 

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