Report Title:

Tort Actions; Exception For County Fire Fighters

Description:

Limits the liability of civil damages resulting from an act or omission of a county fire fighter providing rescue, resuscitative, or fire fighting services within the county's jurisdiction.

THE SENATE

S.B. NO.

2780

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to fire fighter liability.

 

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

SECTION 1. The purpose of this Act is to limit the liability of county fire fighters in the performance of their duties.

SECTION 2. Act 170, Session Laws of Hawaii 2002, is amended by amending section 1 to read as follows:

"SECTION 1. Chapter 633, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designed and to read as follows:

"663-    Exception to liability for county lifeguard and fire fighter services. (a) For the purpose of this section:

"County fire fighter" means a person employed as a fire fighter by a county of this State.

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

"Employing county" means the county employing a county lifeguard[.] or county fire fighter.

(b) Notwithstanding any other law to the contrary, a county lifeguard[,] or county fire fighter, the employing county, and the State shall not be liable for any civil damages resulting from any act or omission of the lifeguard or fire fighter while providing rescue, resuscitative, fire fighting, or other lifeguard or fire fighting services on the beach, [or] in the ocean, or within the jurisdiction of the county in the scope of employment as a county lifeguard[.] or county fire fighter. This exception from liability, however, shall not apply when the claim for civil damages results from a county lifeguard's or county fire fighter's gross negligence or wanton act or omission.""

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 4. This Act shall take effect of July 1, 2004.

INTRODUCED BY:

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