REPORT TITLE:
Tort Liability; County


DESCRIPTION:
Expands definition of "employees of the State" to include
lifeguards at beach parks operated by county under a license or
lease from state agency or executive order; requires AG to defend
and State to indemnify county in actions against lifeguards or
based on beach conditions. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1927
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COUNTY TORT LIABILITY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 662-1, Hawaii Revised Statutes, is
 
 2 amended by amending the definition of "employees of the State" to
 
 3 read as follows:
 
 4      ""Employees of the State" includes officers and employees of
 
 5 any state agency, members of the Hawaii national guard, Hawaii
 
 6 state defense force, and persons acting in behalf of a state
 
 7 agency in an official capacity, temporarily, whether with or
 
 8 without compensation.  "Employees of the State" also includes
 
 9 persons employed by a county of this State as lifeguards and
 
10 designated to provide lifeguard services at a designated state
 
11 beach park under an agreement between the State and that
 
12 county[.] or at any beach park operated by that county under a
 
13 license or lease from any state agency or pursuant to an
 
14 executive order of the governor."
 
15      SECTION 2.  Section 662-16, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "662-16  Defense of state employees[.]; indemnification of
 
18 counties.  The attorney general may defend any civil action or
 
19 proceeding brought in any court against any employee of the State
 

 
Page 2                                                     1927
                                     H.B. NO.           
                                                        
                                                        


 1 for damage to property or for personal injury, including death,
 
 2 resulting from the act or omission of any state employee while
 
 3 acting within the scope of the employee's employment.  The
 
 4 employee against whom such civil action or proceeding is brought
 
 5 shall deliver within the time after the date of service or
 
 6 knowledge of service as determined by the attorney general, all
 
 7 process or complaint served upon the employee or an attested true
 
 8 copy thereof to the employee's immediate superior or to whomever
 
 9 was designated by the head of the employee's department to
 
10 receive such papers and such person shall promptly furnish copies
 
11 of the pleadings and process therein to the department of the
 
12 attorney general.
 
13      No judgment by default shall be entered against a state
 
14 employee based on a cause of action arising out of an act or
 
15 omission of such employee while acting within the scope of the
 
16 employee's employment unless the department of the attorney
 
17 general has received a copy of the complaint or other relevant
 
18 pleadings and a period of twenty days has elapsed from the date
 
19 of such receipt.
 
20      The attorney general [may also] shall defend and the State
 
21 shall indemnify a county against all damages in any civil action
 
22 or proceeding brought in any court against a county based on
 
23 [an]:
 

 
Page 3                                                     1927
                                     H.B. NO.           
                                                        
                                                        


 1      (1)  An allegedly negligent or wrongful act or omission of
 
 2           persons employed by a county as lifeguards and
 
 3           designated to provide lifeguard services at a
 
 4           designated state beach park under an agreement between
 
 5           the State and a county[.] or at any beach park operated
 
 6           by that county under a license or lease from any state
 
 7           agency or pursuant to an executive order of the
 
 8           governor; or
 
 9      (2)  A natural condition existing at a beach park referred
 
10           to in paragraph (1) or any natural or unnatural
 
11           condition of the beach and ocean adjacent to the beach
 
12           park.
 
13      The attorney general may also defend any civil action or
 
14 proceeding brought in any court against any provider of medical,
 
15 dental, or psychological services pursuant to contract with the
 
16 department of public safety when the provider is sued for acts or
 
17 omissions within the contract's scope of work."
 
18      SECTION 3.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 4.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:  _______________________