Hawaii 2024 Regular Session

Hawaii Senate Bill SB3259 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	THE SENATE S.B. NO. 3259 THIRTY-SECOND LEGISLATURE, 2024 ~~S.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO TORT LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	THE SENATE S.B. NO. 3259 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT Relating to tort liability. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		THE SENATE S.B. NO. 3259
4		-	THIRTY-SECOND LEGISLATURE, 2024 ~~S.D. 1~~
	4	+	THIRTY-SECOND LEGISLATURE, 2024
5	5		STATE OF HAWAII
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7	7		THE SENATE
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9	9		S.B. NO.
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11	11		3259
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13	13		THIRTY-SECOND LEGISLATURE, 2024
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15		-	~~S.D. 1~~
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		Relating to tort liability.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. The legislature finds that Act 170, Session Laws of Hawaii, 2002 provided liability protection for county lifeguards providing services at state beach parks or in the ocean, except in cases of gross negligence or wanton acts or omissions. Providing this limited liability protection was necessary because some counties would not provide lifeguard services at state beach parks due to the fear of potential liability. The legislature further finds that the liability protections afforded to lifeguards in Act 170 were repealed on June 30, 2017. Reinstating the liability protections of Act 170 will allow the counties to continue to provide lifeguard services without fear of liability and is therefore a measure that will help protect the lives of the State's residents and visitors. Accordingly, the purpose of this Act is to permanently reinstate the liability protections previously afforded to county lifeguards for services provided on the beach or in the ocean. SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§663- Exception to liability for county lifeguard services. (a) Notwithstanding any other law to the contrary, neither a county lifeguard, the employing county, nor the State shall be liable for any civil damages resulting from any act or omission of the lifeguard while providing rescue, resuscitative, or other lifeguard services on the beach or in the ocean in the scope of employment as a county lifeguard; provided that this exception from liability shall not apply when the claim for civil damages arises from a county lifeguard's alleged gross negligence or wanton act or omission. ~~(b) For the purposes of this section: "County lifeguard" means a person employed as a lifeguard by a county of the State. "Employing county" means the county employing a county lifeguard.~~" 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. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval.
	47	+	SECTION 1. The legislature finds that Act 170, Session Laws of Hawaii, 2002 provided liability protection for county lifeguards providing services at state beach parks or in the ocean, except in cases of gross negligence or wanton acts or omissions. Providing this limited liability protection was necessary because some counties would not provide lifeguard services at state beach parks due to the fear of potential liability. The legislature further finds that the liability protections afforded to lifeguards in Act 170 were repealed on June 30, 2017. Reinstating the liability protections of Act 170 will allow the counties to continue to provide lifeguard services without fear of liability and is therefore a measure that will help protect the lives of the State's residents and visitors. Accordingly, the purpose of this Act is to permanently reinstate the liability protections previously afforded to county lifeguards for services provided on the beach or in the ocean. SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§663- Exception to liability for county lifeguard services. (a) For the purposes of this section: "County lifeguard" means a person employed as a lifeguard by a county of this State. "Employing county" means the county employing a county lifeguard. (b) Notwithstanding any other law to the contrary, neither a county lifeguard, the employing county, nor the State shall be liable for any civil damages resulting from any act or omission of the lifeguard while providing rescue, resuscitative, or other lifeguard services on the beach or in the ocean in the scope of employment as a county lifeguard; provided that this exception from liability shall not apply when the claim for civil damages arises from a county lifeguard's alleged gross negligence or wanton act or omission." 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. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49		SECTION 1. The legislature finds that Act 170, Session Laws of Hawaii, 2002 provided liability protection for county lifeguards providing services at state beach parks or in the ocean, except in cases of gross negligence or wanton acts or omissions. Providing this limited liability protection was necessary because some counties would not provide lifeguard services at state beach parks due to the fear of potential liability. The legislature further finds that the liability protections afforded to lifeguards in Act 170 were repealed on June 30, 2017. Reinstating the liability protections of Act 170 will allow the counties to continue to provide lifeguard services without fear of liability and is therefore a measure that will help protect the lives of the State's residents and visitors.
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51	51		Accordingly, the purpose of this Act is to permanently reinstate the liability protections previously afforded to county lifeguards for services provided on the beach or in the ocean.
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53	53		SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
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55		-	"§663- Exception to liability for county lifeguard services. (a) ~~Notwithstanding any other law to~~ the ~~contrary, neither a county lifeguard, the employing county, nor the State shall be liable for any civil damages resulting from any act or omission~~ of ~~the lifeguard while providing rescue, resuscitative, or other lifeguard services on the beach or in the ocean in the scope of employment as a county lifeguard; provided that~~ this ~~exception from liability shall not apply when the claim for civil damages arises from a county lifeguard's alleged gross negligence or wanton act or omission.~~
	55	+	"§663- Exception to liability for county lifeguard services. (a) For the purposes of this section:
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57		-	~~(b) For the purposes~~ of this ~~section:~~
	57	+	"County lifeguard" means a person employed as a lifeguard by a county of this State.
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59		-	"County ~~lifeguard~~" means ~~a person employed as a lifeguard by~~ a county ~~of the State~~.
	59	+	"Employing county" means the county employing a county lifeguard.
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61		-	~~"Employing county"~~ ~~means~~ the ~~county employing~~ a county lifeguard."
	61	+	(b) Notwithstanding any other law to the contrary, neither a county lifeguard, the employing county, nor the State shall be liable for any civil damages resulting from any act or omission of the lifeguard while providing rescue, resuscitative, or other lifeguard services on the beach or in the ocean in the scope of employment as a county lifeguard; provided that this exception from liability shall not apply when the claim for civil damages arises from a county lifeguard's alleged gross negligence or wanton act or omission."
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63	63		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.
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65	65		SECTION 4. New statutory material is underscored.
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67	67		SECTION 5. This Act shall take effect upon its approval.
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69		-	Report Title: Tort Liability; Lifeguards Description: Permanently reinstates the liability protections previously afforded to county lifeguards providing services at state beach parks or in the ocean. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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	71	+	INTRODUCED BY: _____________________________
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	73	+	INTRODUCED BY:
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	75	+	_____________________________
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	81	+	Report Title: Tort Liability; Lifeguards Description: Permanently reinstates the liability protections previously afforded to county lifeguards providing services at state beach parks or in the ocean. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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81	93		Tort Liability; Lifeguards
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85	97		Description:
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87		-	Permanently reinstates the liability protections previously afforded to county lifeguards providing services at state beach parks or in the ocean. ~~(SD1)~~
	99	+	Permanently reinstates the liability protections previously afforded to county lifeguards providing services at state beach parks or in the ocean.
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95	107		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.