THE SENATE	S.B. NO.	666
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TREES.

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

SECTION 1. Chapter 27, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§27- Fruit trees; preference in state landscaping. (a) Whenever the State creates plans, designs, or specifications for new or renovated landscaping that integrates the planting of trees as part of any building, complex of buildings, facility, complex of facilities, housing, public highway, or other landscaping that includes trees, the State, to the extent practicable, shall plant trees that bear edible fruit.

(b) Any person may pick fruit from a fruit tree planted pursuant to this section and the State shall not require any permit or license to harvest fruit from trees planted pursuant to this section; provided that this subsection shall not be construed to bar the State from prohibiting any person from trespassing on state lands or otherwise exercising its authority as a property owner pursuant to any other law or rule.

(c) The State and its political subdivisions, agencies, officials, and employees shall not be liable for any civil damages or criminal penalties resulting from any injuries or illnesses arising from the harvesting or ingesting of fruit under this section, including injuries or illnesses resulting from food-borne illnesses."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Landscaping; Fruit Trees; Harvest; Indemnification

Description:

Requires the State, to the extent practicable, to plant fruit trees in new or renovated landscaping that includes trees. Authorizes persons to harvest fruit from those fruit trees. Provides that the State is not liable for any injuries or illnesses resulting from the harvesting or ingesting of fruit, including food-borne illness.

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