Amendment
Bill No. CS/HB 363
Amendment No. 593843
CHAMBER ACTION
Senate House
.
.
.






1Representative Horner offered the following:
2
3     Substitute Amendment for Amendment (344949) (with title
4amendment)
5     Remove lines 40-54 and insert:
6     (b)  In addition to the authority granted in paragraph (a),
7natural guardians are authorized, on behalf of any of their
8minor children, to waive and release, in advance, any claim or
9cause of action that would accrue to any of their minor children
10to the same extent that any adult may do so on his or her own
11behalf. Waivers and releases under this paragraph are disfavored
12and must be strictly construed against a party claiming to be
13relieved of liability due to such a waiver and release. Such
14waivers and releases are enforceable only where and to the
15extent that the intention to be relieved of liability was made
16clear and unequivocal in the waiver and release and the wording
17of the waiver and release was so clear and understandable that
18an ordinary and knowledgeable person would know what he or she
19would be contracting away. No such waiver and release shall
20relieve a released party of liability for the released party's
21negligent hiring of an employee who may have contact with minors
22and who appears in a database of sexual predators and sexual
23offenders maintained by the Department of Law Enforcement or the
24United States Department of Justice. Nothing in this paragraph
25shall be construed to allow such a waiver and release for
26illegal acts.
27
28
29
-----------------------------------------------------
30
T I T L E  A M E N D M E N T
31     Remove line 11 and insert:
32providing that such waiver and release shall not relieve a party
33of liability for the party's negligent hiring of an employee who
34may have contact with minors and who appears in specified
35databases of sexual predators and sexual offenders; providing
36that such a waiver and release may not be


CODING: Words stricken are deletions; words underlined are additions.