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HI HB1784

Bill

Status

Introduced

1/17/2020

Primary Sponsor

Scott Saiki

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • Establishes a new chapter in Hawaii Revised Statutes to provide liability protections for public and private landowners who allow access to their land for Native Hawaiian traditional and customary practices without charge.

  • Limits landowner duty of care by exempting owners from liability for injuries to cultural practitioners or rescue personnel, provided no admission fee or charge is imposed for access.

  • Defines "cultural practitioner" as a person invited or permitted without charge to enter property to engage in Native Hawaiian traditional and customary practices as protected under Hawaii Constitution Article XII, Section 7.

  • Preserves liability for willful or malicious conduct, situations where landowners charge admission fees, injuries to house guests, and does not relieve cultural practitioners from their own duty to exercise care while using the land.

  • Takes effect upon approval and applies to landowners required by state or county zoning, land use, or planning laws to provide access or parking to reach property used for Native Hawaiian traditional and customary practices.

Legislative Description

Relating To Landowner Liability.

Native Hawaiian Traditional and Customary Practices

Last Action

The committee(s) on WLH recommend(s) that the measure be deferred.

1/29/2020

Committee Referrals

Water, Land, & Hawaiian Affairs1/21/2020

Full Bill Text

No bill text available