Bill Text: HI HB779 | 2014 | Regular Session | Introduced

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Bill Title: Tort Liability Lifeguards

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB779 Detail]

Download: Hawaii-2014-HB779-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	779
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

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, will sunset on June 30, 2014.  Act 170 provides 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 made permanent.

     The purpose of this Act is to make permanent the liability protections in lifeguard cases.

     SECTION 2.  Act 170, Session Laws of Hawaii 2002, as amended by section 4 of Act 152, Session Laws of Hawaii 2007, and by section 2 of Act 81, Session Laws of Hawaii 2009, is amended by amending section 5 to read as follows:

     "SECTION 5.  This Act shall take effect upon its approval[; provided that section 1 of this Act shall be repealed on June 30, 2014]."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.

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

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Tort Liability Lifeguards

 

Description:

Repeals the sunset date and makes permanent the law shielding county lifeguards from liability.

 

 

 

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