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2017 <br />S.B. No. 562 originally introduced to extend Act 170 to June 30, 2021, was <br />amended by deleting its contents and amended to require the Attorney General to <br />defend any civil action based on the negligence, wrongful act, or omission of a county <br />lifeguard for services at a designated beach park under an agreement between the <br />State and a county. This amendment is probably the result of testimony submitted by <br />the Hawaii Association for Justice, which testified that: <br />"...the liability of County lifeguards at State beach parks is the responsibility of <br />the State, not the counties, because the State is liable for the .liability of "State <br />Employees" under the State Tort Liability Act. <br />...the State Department of the Attorney General is specifically authorized to <br />defend the counties in cases brought against them because of county lifeguards <br />stationed at State beach parks." <br />S.B. No. 562 was passed by the Legislature, but vetoed by the Governor, who <br />objected to the bill, "[b]ecause the Attorney General would be required to defend a <br />lawsuit brought against the counties for any "wrongful" act of a lifeguard, and not just <br />acts that are within the scope of the lifeguard's employment..." <br />Justification <br />The reasons remain for providing liability protection for county lifeguards for any <br />damages arising from the acts or omissions of the lifeguards while providing rescue, <br />resuscitative, or other lifeguard services in the scope of employment as a county <br />lifeguard, except for civil damages arising from a county lifeguard's gross negligence or <br />wanton act or omission. <br />The prospect of large damage suits contributes to the costs of insurance and the <br />reluctance to providing lifeguards. Lifeguards and the State or county must have <br />immunity so that lifeguards can at least be provided on the beaches. <br />"[Liability protection for county lifeguards] is necessary for individual lifeguards -as <br />well as their employing counties to be able to provide services for the State of <br />Hawaii at Kaena Point State Park on Oahu, Hapuna Beach on Hawaii Island, <br />Makena Beach on Maui, and Ke'e Beach on Kauai. These four beaches are <br />popularly used by the public and would be where drownings and serious injuries <br />occur if lifeguard services were not provided. <br />10 <br />