Repeals sunset date on the temporary waiver of liability the State and counties currently have when adequate warning signs are displayed at public beach parks.

A BILL FOR AN ACT

SECTION 1. The legislature finds that Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999, has proven to be effective in establishing a process by which the State and counties have provided meaningful and legally adequate warnings to the public regarding extremely dangerous natural conditions in the ocean adjacent to public beach parks. Through this process, public entities are provided protection from liability when they have provided adequate warnings to the public. This has successfully accomplished the purpose of increasing public safety by reducing ocean-related accidents and protecting the State and counties from the unlimited liability they otherwise would face with regard to activities in the ocean. Although successful in accomplishing its purpose, Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999, will be repealed on June 30, 2003, due to the sunset provision contained in the law.

The purpose of this Act is to repeal the sunset provision for Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999, thus ensuring the continuation of increased public safety at state and county operated beach parks.

SECTION 2. Act 190, Session Laws of Hawaii 1996, section 7, as amended by Act 101, Session Laws of Hawaii 1999, section 2, is amended to read as follows:

"SECTION 7. This Act shall take effect on July 1, 1996[; provided that this Act shall be repealed on June 30, 2003]."

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 Statutory material to be repealed is bracketed and stricken.

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