Bill Text: HI SB1009 | 2013 | Regular Session | Amended
Bill Title: Tort Liability; Lifeguards
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-03-14 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) McKelvey, Mizuno excused (2). [SB1009 Detail]
Download: Hawaii-2013-SB1009-Amended.html
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THE SENATE |
S.B. NO. |
1009 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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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, 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, as amended 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section 1 of this Act shall be repealed on June 30, 2014]."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 Statutory material to be repealed is bracketed and stricken.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 on January 1, 2020.
Report Title:
Tort Liability; Lifeguards
Description:
Repeals the sunset date and makes permanent the law shielding county lifeguards from liability with certain exceptions. Takes effect 1/1/2020. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
