HomeMy WebLinkAboutCOM 0878.002 1998-2000
S.B. NO. Draft - Chun #1
F
REPORT TITLE: n
Date-
Tort Liability
CountyCouncil
DESCRIPTION:
Extends State tort liability to include immunity of the
State, counties, and lifeguards against damages arising
from the operation of designated beach parks.
Comm. No. 87c8' OO.Z
File No. HI C
Ref. Tot P COVIK/~
0 2000
Ref. Date
THE SENATE S . B . NO. Draft;'.,
TWENTY-FIRST LEGISLATURE, 2001 Chun #1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO STATE AND COUNTY TORT LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 662-1, Hawaii Revised Statutes, is
2 amended by amending the definition of "employees of the State" to
3 read as follows:
4 ""Employees of the State" includes officers and employees of
5 any state agency, members of the Hawaii national guard, Hawaii
6 state defense force, and persons acting in behalf of a state
7 agency in an official capacity, temporarily, whether with or
8 without compensation. "Employees of the State" also includes
9 persons employed by a county of this State as lifeguards, [and] or
10 designated to provide lifeguard services, at a designated state
11 or county beach park under an agreement between the State and that
12 county[.] or at any beach park operated by that county under a
13 license or lease from any state agency or pursuant to an
14 executive order of the governor."
15 SECTION 2. Section 662-16, Hawaii Revised Statutes, is
16 amended to read as follows:
17 115662-16 Defense of state employees.
18 The attorney general may defend any civil action or
19 proceeding brought in any court against any employee of the State
Page 2 S . B . NO. DRAFT
Chun #1
1 for damage to property or for personal injury, including death,
2 resulting from the act or omission of any state employee while
3 acting within the scope of the employee's employment. The
4 employee against whom such civil action or proceeding is brought
5 shall deliver within the time after the date of service or
6 knowledge of service as determined by the attorney general, all
7 process or complaint served upon the employee or an attested true
8 copy thereof to the employee's immediate superior or to whomever
9 was designated by the head of the employee's department to
10 receive such papers and such person shall promptly furnish copies
it of the pleadings and process therein to the department of the
12 attorney general.
13 No judgment by default shall be entered against a state
14 employee based on a cause of action arising out of an act or
15 omission of such employee while acting within the scope of the
16 employee's employment unless the department of the attorney
17 general has received a copy of the complaint or other relevant
18 pleadings and a period of twenty days has elapsed from the date
19 of such receipt.
20 The attorney general may also defend any civil action
21 or proceeding brought in any court against a county based on
Page 3 S . B . NO. DRAFT
Chun #1
1 an allegedly negligent or wrongful act or omission of persons
2 employed by a county as lifeguards, [and] or designated to provide
3 lifeguard services, at a designated state or county beach park under
4 an agreement between the State and [a] that county[.] or at any
5 beach park operated by that county under a license or lease from any
6 state agency or pursuant to an executive order of the governor.
7 The attorney general may also defend any civil action or
8 proceeding brought in any court against any provider of medical,
9 dental, or psychological services pursuant to contract with the
10 department of public safety when the provider is sued for acts or
11 omissions within the contract's scope of work.,,
12 SECTION 3. Chapter 663, Hawaii Revised Statutes is amended by
13 adding a new section to be appropriately designated and to read as
14 follows:
15 °§663-State and County; Lifeguards; no public beach park
16 liability; exceptions. The State or any county operating a public
17 beach park, and any lifeguard, or person designated to provide
18 lifeguard services, acting within the scope of employment or
19 agreement with, or assignment by the State or county, shall not
20 be liable to any person for any civil damage resulting from or
21 caused by the person's use or occupancy of any public beach park, or
22 portion of the public beach park, including any portion of any
23 adjacent land or ocean, except for such damage as may result from or
24 be caused by the gross negligence or wanton acts or omissions of the
Page 4 S. B. NO. D.
Chur,
1 State, county, its lifeguard, or person designated to provide
2 lifeguard services."
3 SECTION 3. Statutory material to be repealed is bracketed.
4 New statutory material is underscored.
5 SECTION 4. This Act shall take effect upon its approval.