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THE SENATE |
S.B. NO. |
562 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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 The liability protections afforded to lifeguards in section 663-1.52, Hawaii Revised Statutes, originally enacted by Act 170, Session Laws of Hawaii 2002, (Act 170) are scheduled to sunset on June 30, 2017, in accordance with Act 98, Session Laws of Hawaii 2014.
The legislature finds that 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 extended.
The purpose of this Act is to extend the liability protections afforded by Act 170 until June 30, 2021.
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upon its approval; provided that section 1 of this Act shall be repealed on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.] 2021."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 7, 2059.
Report Title:
County Lifeguards; Immunity
Description:
Extends Act 170, SLH 2002, as amended, which provides limited liability protection for county lifeguards and counties providing lifeguard services on beaches or in the ocean, until 6/30/2021. Takes effect 1/7/2059. (SD1)
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