Report Title:

State and County Governments; Tort Liability

Description:

Makes permanent the Act that required the State and counties to provide legally adequate warnings and eliminated respective tort liability.

HOUSE OF REPRESENTATIVES	H.B. NO.	1143
TWENTY-FOURTH LEGISLATURE, 2007
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 legislature finds that Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999, and as amended Act 170, Session Laws of Hawaii 2002, 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by Act 101, Session Laws of Hawaii 1999, and as amended by section 2 of Act 170, Session Laws of Hawaii 2002, will be repealed on June 30, 2007, due to the sunset provision contained in the law.

The purpose of this Act is to repeal the sunset provision of Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999, and as amended by section 2 of Act 170, Session Laws of Hawaii 2002, thus ensuring the continuation of increased public safety at state and county operated beach parks.

SECTION 2.  Act 190, Session Laws of Hawaii 1996, as amended by section 2 of Act 101, Session Laws of Hawaii 1999, and as amended by section 2 of Act 170, Session Laws of Hawaii 2002, is amended by amending section 7 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  This Act shall take effect on July 1, 1996[; provided that this Act shall be repealed on June 30, 2007]."

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  Statutory material to be repealed is bracketed and stricken.

SECTION 4.  This Act shall take effect on June 29, 2007.

INTRODUCED BY:

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