HomeMy WebLinkAboutRES 489 Draft 01 2016-2018 COUNTY OF HAWAII --
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RESOLUTION NO. 489 . 18
A RESOLUTION URGING THE STATE LEGISLATURE TO PASS SENATE BILL NO.
2679, AMENDING HAWAII REVISED STATUTES CHAPTER 663 RELATING TO
TORT LIABILITY.
WHEREAS, the term County lifeguard is defined in Senate Bill No. 2679 (S.B. 2679),
as a person employed as a lifeguard by a County of this State; and
WHEREAS, like firefighters and emergency medical technicians, County lifeguards are
vulnerable to civil law suits while performing their job as County employees; and
WHEREAS, amending Hawai`i Revised Statutes, chapter 663 will provide County
lifeguards protection from civil lawsuits while performing their duties notwithstanding any other
law to the contrary. Additionally, 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 services on the beach or in the ocean in the scope of employment
as a County lifeguard; and
WHEREAS, the exception from liability shall not apply when a claim for civil damages
results from a County lifeguard's gross negligence or wanton act or omission; and
WHEREAS, Senate Bill No. 2679 seeks to reestablish the limited liability protection for
County lifeguards and counties providing lifeguard services on beaches or in the ocean, and to
make the law permanent; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Hawai`i State Legislature is urged to pass Senate Bill No. 2679 relating to tort liability for
lifeguards.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable David Y Ige, Governor, the Honorable Shan S. Tsutsui, Lieutenant
Governor, the Honorable Ronald D. Kouchi, Hawai`i State Senate President, and Members of the
Hawai`i State Senate, the Honorable Scott K. Saiki, Hawai`i State House Speaker, and Members
of the Hawai`i State House of Representatives.
Dated at , Hawai`i, this day of , 20 .
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by EOFF
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawai`i on
LEE LOY
O'HARA
ATTEST: POINDEXTER
RICHARDS
RUGGLES
Reference: C-729/Waived GREDC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 489 18
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