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