2013 Hawaii Revised Statutes
TITLE 20. SOCIAL SERVICES
346. Department of Human Services
346-363 Exception to liability for donors.
Note
Transfer of functions and duties. L 2010, c 89, §13.
Homeless assistance working group (repealed June 30, 2016). L 2013, c 222, §§15 to 17.
Return-to-home pilot program for eligible homeless individuals (terminated on December 31, 2016). L 2013, c 222, §§12 to 14.
§346-363 Exception to liability for donors. (a) Any donor who gives money to a provider agency, to a homeless facility to or through the department, or for any other program for the homeless authorized by this part shall not be liable for any civil damages resulting from the donation.
(b) Any donor who gives land and improvements, or who leases land and improvements at a nominal consideration, to a provider agency, to a homeless facility to or through the department, or for any other program for the homeless authorized by this part shall not be liable for any civil damages resulting from the donation, except as may result from the donor's gross negligence or wanton acts or omissions; provided that if the donor at the time of donation gave the department a full disclosure of all the dangers concerning the land and improvements known to the donor, the donor shall not be liable for any civil damages resulting from the donation.
(c) Any donor who, in good faith and without remuneration or expectation of remuneration, provides services or materials used to build and construct a facility for the homeless, or who renovates, repairs, or maintains an existing or acquired facility for the homeless, or who provides shelter to homeless persons, shall not be liable for any civil damages resulting from the donor's acts or omissions, except for damages resulting from the donor's gross negligence relating to the donation.
(d) The department shall be responsible for inspecting, reviewing, analyzing, qualifying, and determining that the land, structures, materials, or services donated to the department for use by the department in facilities for the homeless are reasonably safe for public use. [L 2010, c 89, pt of §2]
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