Bill Text: HI SB866 | 2018 | Regular Session | Introduced
Bill Title: Relating To State And County Tort Liability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-17 - Re-Referred to PSM, JDC. [SB866 Detail]
Download: Hawaii-2018-SB866-Introduced.html
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THE SENATE |
S.B. NO. |
866 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STATE AND COUNTY 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), will sunset on June 30, 2017. 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 extended.
The purpose of this Act is to make permanent the liability protections for lifeguard services.
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, as amended by section 1 of Act 98, Session Laws of Hawaii 2014, 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upon its approval[; provided that section 1 of this Act shall be repealed on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, 2017]."
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. Statutory material to be repealed is bracketed and stricken.
SECTION 5. This Act shall take effect on June 29, 2017.
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INTRODUCED BY: |
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Report Title:
State and County Tort Liability; Lifeguard Services
Description:
Makes permanent an exemption from tort liability for the State and counties arising from lifeguard services, but not 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.
