Report Title:

Beach Parks; Immunity from Liability

 

Description:

Provides the State, counties, and lifeguards immunity from liability against damages arising from the acts or omissions of lifeguards while performing emergency lifeguard services. (SB796 HD2)

THE SENATE

S.B. NO.

796

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

H.D. 2


 

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- Exception to liability for county lifeguard services. (a) A county lifeguard, the employing county, and the State shall not be liable for any civil damages resulting from any act or omission of the lifeguard while providing rescue, resuscitative, or other emergency service in the scope of employment as a county lifeguard. This exception from liability, however, shall not apply when the claim for civil damages results from a county lifeguard's gross negligence or wanton act or omission. Further, this exception to liability, as provided in this section, shall only apply where a county lifeguard is an "employee of the State" as defined in section 662-1."

(b) For the purpose 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.

SECTION 2. Section 662-2, Hawaii Revised Statutes, is amended to read as follows:

"§662-2 Waiver and liability of State. [The] Except as otherwise provided by law, the State hereby waives its immunity [for] from liability for the torts of its employees and shall be liable in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.

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 Statutory material to be repealed is bracketed and stricken.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

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