HOUSE OF REPRESENTATIVES

H.B. NO.

1662

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to county lifeguard 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)  For the purpose of this section:

     "County lifeguard" means a person employed as a lifeguard by a county of the State.

     "Employing county" means the county employing a county lifeguard.

     (b)  Notwithstanding any other law to the contrary, 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 lifeguard services on the beach or in the ocean in the scope of employment as a county lifeguard.  This exception from liability shall not apply when the claim for civil damages results from a county lifeguard's gross negligence or wanton act or omission."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

By Request



 


 

Report Title:

County Lifeguards; Limited Liability; State and Counties

 

Description:

Provides limited liability for acts or omissions by county lifeguards for the lifeguards, employing counties, and the State, except for damages resulting from a lifeguard's gross negligence or wanton act or omission.

 

 

 

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