Bill Text: HI HB1935 | 2018 | Regular Session | Introduced
Bill Title: Relating To Tort Liability.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2018-01-22 - Referred to JUD, FIN, referral sheet 5 [HB1935 Detail]
Download: Hawaii-2018-HB1935-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1935 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TORT LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The liability protections afforded to lifeguards in Act 170, Session Laws of Hawaii 2002 (Act 170), was repealed on June 30, 2017. Act 170 provided liability protection for lifeguard services on the beach or in the ocean, except for gross negligence or wanton acts or omissions. This limited liability protection was made necessary because some counties would not provide lifeguard services at state beach parks, due to the fear of potential liability that might ensue. The legislature finds that Act 170 created a climate in which lifeguard services could be provided by the counties without fear of liability, and, therefore, is a life-saving measure that should be extended.
The purpose of this Act is to make permanent the liability protections for lifeguard services.
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§663-
Exception to liability
for county lifeguard services. (a) For the purposes of this section:
"County
lifeguard" means a person employed as a lifeguard by a county of this
State.
"Employing
county" means the county employing a county lifeguard.
(b) Notwithstanding any other law to the
contrary, a county lifeguard, the employing county, and the State shall not be
liable for any civil damages resulting from any act or omission of the
lifeguard while providing rescue, resuscitative, or other lifeguard services on
the beach or in the ocean in the scope of employment as a county lifeguard. This exception from liability, shall not apply
when the claim for civil damages results from a county lifeguard's gross
negligence or wanton act or omission."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION
4. New statutory material is
underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
State and County Tort Liability; Lifeguard Services
Description:
Makes an exemption from tort liability for the State and counties arising from lifeguard services, except for gross negligence or wanton acts or omissions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
