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 |
H.D. 1 |
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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, are currently scheduled to sunset on June 30, 2014. Act 170 provides limited liability protection for county lifeguards and counties providing lifeguard services on beaches or in the ocean, except in the case of gross negligence or wanton acts or omissions. This limited liability protection was made necessary because some counties would not otherwise provide lifeguard services at state beach parks, due to the fear of potential liability. The legislature finds that Act 170 created a climate in which lifeguard services can be provided by the counties without fear of liability and, therefore, is a life-saving measure that should be made permanent.
Act 82, Session Laws of Hawaii 2003, established a system of warning signs to increase public safety and protect the State and the counties from unlimited liability arising out of recreational activities on public lands. Because many public lands contain conditions that may, under certain circumstances, present potential risk or danger, Act 82 created a process utilizing a risk assessment group and public input to determine applicable areas where signs should be placed to notify people of inherent dangers and provide the State and counties with liability protections. This ongoing process allows for the institutionalization and standardization of warning signs, enhancing safety for residents and visitors alike, while also serving as a shield for the State against costly lawsuits.
The purpose of this Act is to make permanent liability protections for the State and the counties, including county lifeguard personnel, in public areas containing inherent dangers.
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 1 of Act 144, Session Laws of Hawaii 2008, 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. Act 82, Session Laws of Hawaii 2003, as amended by section 5 of Act 152, Session Laws of Hawaii 2007, as amended by section 3 of Act 81, Session Laws of Hawaii 2009, is amended by amending section 8 to read as follows:
"SECTION 8. This Act shall take effect on
July 1, 2003[, and shall be repealed on June 30, 2014]."
SECTION 4. Statutory material to be repealed is bracketed and stricken.
SECTION 5. This Act shall take effect on January 1, 2020.
Report Title:
Tort Liability; Lifeguards
Description:
Repeals the sunset date and makes permanent certain limited liability protections for the state and counties, including county lifeguards. Effective January 1, 2020. (SB 1009 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
