HomeMy WebLinkAboutRES 489 Draft 02 2016-2018 .•
.OJMtY
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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 489 18-
(DRAFT'2)
A RESOLUTION URGING THE STATE LEGISLATURE TO PASS SENATE BILL NO.
2679 AND HOUSE BILL NO. 2258, 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)
and House Bill No. 2258 (H.B. 2258), 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 notwithstandingany 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, Seriate Bill No. 2679 and House Bill No. 2258 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 and House Bill No. 2258
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 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 Hilo , Hawai`i, this 7th day of February , 2018 .
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 X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawaii on February 7, 2018 .
LEE LOY X
O'HARA X
ATTEST: POINDEXTER X
RICHARDS X
RUGGLES X
/ 8 0 1 0
Reference:
C-729.3/Waived GREDC
COUNTY CLERK CHAI-RPERSON&PRESIDING OFFICER RESOLUTION NO. 4 ,9
(DRAFT 2)
2