HOUSE OF REPRESENTATIVES	H.B. NO.	548
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TRESPASS.

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

     SECTION 1.  The legislature finds that visitor-guide websites and visitor-guide publications may encourage visitors to intrude onto private or public property to experience an attraction or activity.  The representations made by these websites and publications potentially put visitors at risk by describing attractions or activities without adequately explaining the inherent dangers associated with them or that they are located on or require crossing private or public property from which the public is excluded, often resulting in serious injury to or the death of the visitor.

     The legislature further finds that because of the publicity from and encouragement by visitor-guide websites and visitor-guide publications, private and public landowners may be unable to reasonably prevent intruders from traveling on or through their land to gain access to the dangerous attraction or activity.
     The purpose of this Act is to:

     (1)  Hold authors or publishers of visitor-guide websites or visitor-guide publications who knowingly or negligently encourage or invite any person to enter or remain on private or public lands that are not open to the public, civilly liable for injury to or death of the person; and

     (2)  Require the authors or publishers to defend and indemnify the owner or occupier of the private or public land from any liability arising from injury to or the death of the person.

     SECTION 2.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§663-    Visitor-guide liability. (a)  Any author or publisher of a visitor-guide website or visitor-guide publication shall be civilly liable for injury or death to a person if the:

(1) Visitor-guide website or visitor-guide publication knowingly or negligently encourages or invites any person to enter, cross, or remain on privately or publicly owned land from which the public is excluded; and

(2) Person is injured or dies as a result of the person's entering, crossing, or remaining on privately or publicly owned land from which the public is excluded as a result of information or statements contained in the visitor-guide website or visitor-guide publication.

(b)  The visitor-guide website or visitor-guide publication that is liable to any person described in subsection (a) shall also defend and indemnify the owner or occupier of private or public land from which the public is excluded for any liability arising on account of such injury or death.

(c)  As used in this section:

"Visitor-guide publication" means any published book, pamphlet, magazine, handout, mailer, or advertisement, whether disseminated via hard copy or electronic distribution that provides information about a visitor destination, geographic destination, or natural attraction on privately or publicly owned land in the State from which the public is excluded.

"Visitor-guide website" means any commercial travel:

(1) Website;

(2) Social media wireless communication;

(3) Forum;

(4) Twitter account; or

(5) Blog,

that provides information about a visitor destination, geographic destination, or natural attraction on privately or publicly owned land in the State from which the public is excluded."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

Visitor-guide Publications and Websites; Liability; Private and Public Lands

Description:

Holds authors and publishers of visitor websites and publications liable to readers who suffer injury or death as a result of being enticed to go onto private or public lands from which the public is excluded.  (HB548 HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.