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HB 1720, SB 2175, SB 160 <br />A Bill for an Act <br />Relating to Tort Liability <br />From 2002 to 2017 county lifeguards, the employing county, and the State were <br />provided liability protection for any damages arising from the acts or omissions of the <br />lifeguards while providing rescue, resuscitative, or other lifeguard services in the scope <br />of employment as a county lifeguard, except for civil damages arising from a county <br />lifeguard's gross negligence or wanton act or omission. <br />The bill proposed to the Legislature re-enacts the_ liability protection for county <br />lifeguards. <br />Background <br />2002 <br />Act 170, Session Laws of Hawaii 2002, originally enacted the exception to liability <br />for county lifeguard services. The Conference Committee Report No. 66-02 reported: <br />The C.D. 2 is intended to provide the State and counties with qualified <br />immunity so that lifeguards can be stationed at dangerous beaches, while <br />appropriately limiting such immunity to acts or omissions committed while <br />providing rescue or resuscitative actions or other emergency lifeguard services <br />on the beach. The sunset provision will allow for an evaluation of this <br />measure after sufficient experience has been obtained. (Act 170 had a <br />sunset date of June 30, 2007) <br />2007 <br />Act 152, Session Laws of Hawaii 2007, repealed the June 30, 1999 sunset date <br />for Act 190, Session Laws of Hawaii 1996, which established a process for the State <br />and counties to provide "...both meaningful and legally adequate warnings to the public <br />regarding extremely dangerous natural conditions in the ocean adjacent to public beach <br />parks." <br />E:1 <br />