Report Title:

Beach Parks; Immunity from Liability

 

Description:

The purpose of this Act is to: (1) ensure adequate lifeguard services at public beach parks to save lives by providing the State, Counties, and lifeguards with immunity from liability for providing lifeguard services; and (2) ensure the continuation of increased public safety at State and County controlled beach parks by repealing the Sunset provision for Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999. (SB796 HD1)

THE SENATE

S.B. NO.

796

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

H.D. 1


 

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. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663- State and county lifeguards; no public beach park liability. The State or any county providing lifeguard services or any lifeguard employed by the State or county shall not be liable to any person for any civil damages resulting from providing lifeguard services at any public beach park or public beach, including any portion of any adjacent land or ocean."

SECTION 2. Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999, 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 This Act shall take effect on July 1, 1996[; provided that this Act shall be repealed on June 30, 2003]."

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 Statutory material to be repealed is bracketed and stricken.

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