Bill Text: HI SB2522 | 2010 | Regular Session | Amended

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Bill Title: Landowner Liability; Trespass

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-11 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JGO. [SB2522 Detail]

Download: Hawaii-2010-SB2522-Amended.html

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STAND. COM. REP. NO. 2180

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2522

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam:

 

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred S.B. No. 2522 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this measure is to provide that landowners have no duty of care to trespassers, establish a rebuttable presumption of no liability of a landowner if the land is posted with signs, and permit the trespasser to overcome the presumption of no liability of a landowner by establishing by a preponderance of the evidence that the owner was grossly negligent or intentionally injured the trespasser.

 

     Testimony in support of the measure was submitted by one state agency, nine organizations, and fifteen individuals.  One state agency and two organizations submitted comments.  Testimony in opposition was submitted by one organization and one individual.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that large landowners, such as farmers and ranchers, are subject to costly general liability insurance to protect trespassers from natural hazards that are inherent characteristics of agricultural land.  Trespassers damage fences and steal agricultural products with no consequences due to the remote locations, easy access, and limited surveillance.  Trespassers in hunting parties are armed and pose an immediate threat to landowners.  This measure will also protect the State, where trespassers continue to use non-public trails despite repeated warnings not to do so from state officers. 

 

     Your Committee has amended this measure by:

 

     (1)  Removing the requirement that a landowner must post signs to establish a rebuttable presumption of no liability; and

 

     (2)  Changing the effective date to July 1, 2050 for the purposes of further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2522, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2522, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land, Agriculture, and Hawaiian Affairs,

 

		____________________________ CLAYTON HEE, Chair