Bill Text: HI HB1685 | 2018 | Regular Session | Introduced
Bill Title: Relating To Tort Liability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-17 - Referred to JUD, referral sheet 3 [HB1685 Detail]
Download: Hawaii-2018-HB1685-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1685 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to tort 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 part I to be appropriately designated and to read as follows:
"§663- Exception to liability for county
lifeguard services. (a) 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 a lifeguard
while the lifeguard is providing rescue, resuscitative, or other lifeguard
services on the beach or in the ocean that are within the lifeguard's scope of
employment; provided that this exception to liability shall not apply when a claim
for civil damages results from a county lifeguard's gross negligence or wanton
act or omission.
(b) 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."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Maui County Package; County Lifeguards; Civil Liability; Exception
Description:
Provides that a county lifeguard, the employing county, and the State shall not be liable for any civil damages resulting from any act or omission of a lifeguard during the provision of rescue, resuscitative, or other services within the lifeguard's scope of employment. Does not provide immunity when a claim for civil damages results from a county lifeguard's gross negligence or wanton act or omission.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
