Hawaii-2018-HB2645-Introduced

SECTION 1. While it is the policy of the legislature to encourage the private sector to assist in emergencies or disasters, the legislature finds that there is an added need to encourage the public to assist in providing emergency shelter during emergencies or disasters. In many cases, the public is reluctant to make facilities or property available to a person for use as a shelter because of liability concerns.

In 2012, the legislature passed Act 291 which exempted a private property owner who provides emergency access to a person in good faith during a disaster from liability for injury or damage. The false alert of an inbound ballistic missile on January 13, 2018, has shown that this protection may not apply to certain businesses because those in the shelter may be guests or tenants. The legislature finds that there is a need to clarify that the compensation paid by guests or tenants should not disqualify these property owners from the protections afforded by the legislature.

The false alert has also shown that there may be circumstances where shelter is provided to the public in facilities or properties that are also in the business of selling commodities and that this protection may not apply to these businesses if they attempt to sell commodities to those people being sheltered. The legislature finds that there is a need to clarify that while persons are sheltered, the owner of property made available as a shelter should be allowed to sell commodities if the use of the shelter is required over a period of time.

The purpose of this Act is to clarify that:

(1) Hotels, apartments, condominiums, hospitals, healthcare facilities, and any facility that is receiving compensation shall not disqualify the facility from the civil liability exemption for providing emergency access to land, shelter, and subsistence during a disaster pursuant to section 663-10.7, Hawaii Revised Statutes; and

(2) Owners of properties made available for shelter use are not excluded from the provisions of section 663-10.7, Hawaii Revised Statutes, if the owner sells commodities to those in the shelter; provided the owner is not engaged in price gouging.

SECTION 2. Section 663-10.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) For the purposes of this section:

"Commodity" means any good necessary for the health, safety, and welfare of the people of Hawaii; provided that this term shall include, but not be limited to: materials, merchandise, supplies, equipment, resources, and other articles of commerce that shall include food, water, ice, medication, chemicals, or petroleum products.

"Disaster" means a nonroutine event that exceeds the capacity of persons in the affected area to respond to it in such a way as to save lives, preserve property, or to maintain the social, ecological, economic, or political stability of the affected area.

"Emergency" means a situation in which the life or health of a person is in jeopardy due to a disaster requiring immediate assistance.

"Owner" means the possessor of a fee interest, or a tenant, lessee, occupant, person, group, club, partnership, family, organization, entity, or corporation that has control, possession, or use of the land, and its members, agents, partners, representatives, shareholders, and employees.

"Remuneration" does not mean:

(1) Any compensation or consideration paid by or on behalf of any guest or person for transient accommodation lodging;

(2) Any compensation or consideration paid for any patient, resident, or ward present or residing in any hospital, community-based care home, home-based care home, or healthcare agency of any type licensed by the department of health or the department of human services and used as a private shelter under this section; provided that the protections afforded by this section shall not extend beyond the use of the private shelter under this section and do not apply to any other duty or standard of care owed to any patient, resident, or ward;

(3) Any compensation or consideration paid by or on behalf of any minor or student of any age in any day care, preschool, elementary school, middle school, or any other educational facility used as a private shelter under this section; and

(4) Any compensation or consideration paid to an owner for any commodity by a person being sheltered during the disaster or emergency; provided there shall be prohibited any increase in the selling price of any commodity, whether at the retail or wholesale level, in the private property being used as a shelter."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	2645
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII