Report Title:

Tort Liability

 

Description:

Provides immunity from liability to county lifeguard and the employing county for the lifeguard's rescue, resuscitative, or other emergency service.

 

THE SENATE

S.B. NO.

1

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to liability.

 

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

SECTION 1. During the Regular Session of 2000, the legislature passed S.B. No. 2001, S.D. 1, concerning county tort liability. Among other provisions, the bill required the state attorney general to defend and indemnify the counties for liability claims arising out of the provision of county lifeguard services at certain county operated beach parks. The governor, however, vetoed the bill, primarily because of an objection to having the State assume the defense against and liability for claims resulting from a county's fault.

In the veto message, the governor suggested, as an alternative, granting liability immunity to the counties for the provision of lifeguard services at county beach parks. The legislature finds that the governor's suggestion will serve the public interest.

It is the purpose of this Act to provide limited immunity from tort liability for county lifeguards and the employing county for an act or omission of a lifeguard while providing rescue, resuscitative, or other emergency service. The legislature notes that this Act expands upon the governor's suggestions by granting immunity for county lifeguard services provided not only at county beach parks, but at any location.

SECTION 2. 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) 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.

(b) A county lifeguard and the employing county 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.

(c) This section shall apply to a county lifeguard and the employing county even while the lifeguard is an "employee of the State" as defined in section 662-1."

SECTION 3. Section 662-2, Hawaii Revised Statutes, is amended to read as follows:

"§662-2 Waiver and liability of State. [The] (a) Except as provided in subsection (b), 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.

(b) The waiver of immunity from liability in subsection (a) shall not supersede the exception from liability in section 663- for:

(1) A county lifeguard while serving as an employee of the State pursuant to this chapter; or

(2) The lifeguard's employing county."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________