SB2597

Report Title:

Beach Parks; Public Landowner; Liability

 

Description:

Provides the state and county lifeguards with immunity while performing emergency lifeguard services; repeals sunset date on temporary waiver of liability of State and counties when adequate warning signs are displayed at public beaches.

THE SENATE	S.B. NO.	2597
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO IMMUNITY FROM 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 qualified to provide lifeguard services, who is employed or designated as a lifeguard by a county of this State.

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

(b) 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 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, the employing county, and the State, even while the lifeguard is an employee of the State as defined in section 662-1."

SECTION 2. 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;

(2) The lifeguard’s employing county; or

(3) The State."

SECTION 3. Act 190, Session Laws of Hawaii 1996, section 7, as amended by Act 101, Session Laws of Hawaii 1999 section 2, is amended to read as follows:

"SECTION 7. This Act shall take effect on July 1, l996[; provided that this Act shall be repealed on June 30, 2003]."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________