REPORT TITLE:
Tort Liability


DESCRIPTION:
Extends State tort liability to include indemnification of
counties against damages arising from the acts of county
lifeguards at certain state beach parks.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2001
THE SENATE                              S.B. NO.           S.D.1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COUNTY TORT LIABILITY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 662-16, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§662-16  Defense of state employees[.]; indemnification of
 
 4 counties.  The attorney general may defend any civil action or
 
 5 proceeding brought in any court against any employee of the State
 
 6 for damage to property or for personal injury, including death,
 
 7 resulting from the act or omission of any state employee while
 
 8 acting within the scope of the employee's employment.  The
 
 9 employee against whom such civil action or proceeding is brought
 
10 shall deliver within the time after the date of service or
 
11 knowledge of service as determined by the attorney general, all
 
12 process or complaint served upon the employee or an attested true
 
13 copy thereof to the employee's immediate superior or to whomever
 
14 was designated by the head of the employee's department to
 
15 receive such papers and such person shall promptly furnish copies
 
16 of the pleadings and process therein to the department of the
 
17 attorney general.
 
18      No judgment by default shall be entered against a state
 
19 employee based on a cause of action arising out of an act or
 

 
Page 2                                                     2001
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 omission of such employee while acting within the scope of the
 
 2 employee's employment unless the department of the attorney
 
 3 general has received a copy of the complaint or other relevant
 
 4 pleadings and a period of twenty days has elapsed from the date
 
 5 of such receipt.
 
 6      The attorney general [may also] shall defend and the State
 
 7 shall indemnify a county against all damages in any civil action
 
 8 or proceeding brought in any court against a county based on an
 
 9 allegedly negligent or wrongful act or omission of persons
 
10 employed by a county as lifeguards and designated to provide
 
11 lifeguard services at a designated state beach park under an
 
12 agreement between the State and a county.
 
13      The attorney general may also defend any civil action or
 
14 proceeding brought in any court against any provider of medical,
 
15 dental, or psychological services pursuant to contract with the
 
16 department of public safety when the provider is sued for acts or
 
17 omissions within the contract's scope of work."
 
18      SECTION 2.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 3.  This Act shall take effect upon its approval.