Report Title:
County Fire Fighters Exemption From Tort Liability
Description:
Provides an exemption from liability for county fire fighting services.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1447 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to fire fighter liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to limit the liability of fire fighters in the performance of their duties.
SECTION 2. Act 170, Session Laws of Hawaii 2002, is amended by amending section 1 to read as follows:
"SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§663- Exception to liability for county lifeguard and fire fighter services. (a) For the purpose of this section:
"County fire fighter" means a person employed as a fire fighter by a county of this State.
"County lifeguard" means a person employed as a lifeguard by a county of this State.
"Employing county" means the county employing a county lifeguard[.] or fire fighter.
(b) Notwithstanding any other law to the contrary, a county lifeguard[,] or a county fire fighter, the employing county, and the State shall not be liable for any civil damages resulting from any act or omission of the [lifeguard]:
(1) 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[.]; or
(2) Fire fighter while providing rescue, resuscitative, or other fire fighting services in the scope of employment as a county fire fighter.
This exception from liability, however, shall not apply when the claim for civil damages results from a county lifeguard's or county fire fighter's gross negligence or wanton act or omission.""
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2005.
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INTRODUCED BY: |
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