HOUSE OF REPRESENTATIVES

H.B. NO.

1674

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to 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 part I to be appropriately designated and to read as follows:

     "§663-     Exception to liability for county lifeguard services.  (a)  As used in 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.  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."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

Kauai County Package; Lifeguards; State and County Tort Liability

 

Description:

Reestablishes the liability exceptions for county lifeguards.

 

 

 

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