HOUSE OF REPRESENTATIVES	H.B. NO.	2097
TWENTY-NINTH LEGISLATURE, 2018		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO LIFEGUARDS.

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

SECTION 1. The legislature finds that the State contracts with the counties to provide lifeguards at various state beach parks. These lifeguards provide a valuable service as first responders to residents and tourists alike. The legislature additionally finds that state law currently authorizes the attorney general to defend county lifeguards posted at designated state beach parks and the respective county against lawsuits, though this does not completely eliminate the risk to the lifeguard or county.

The purpose of this Act is for the State to more fully assume the risk of posting county lifeguards at designated state beach parks under an agreement between the State and a county by requiring, instead of authorizing, the attorney general to defend the lifeguards and the employing counties against civil lawsuits for injuries that result from acts or omissions while the lifeguard is acting within the scope of the lifeguard's employment at a state park. The legislature notes that state law requires all first responders, including emergency medical technicians, police officers, and firefighters, as well as lifeguards, to meet a negligence standard of care and perform their jobs with reasonable care under the circumstances. This Act is not intended to alter the current standard of care nor require the State to defend against claims that result from a lifeguard's gross negligence or wanton act or omission.

SECTION 2. Section 662-16, Hawaii Revised Statutes, is amended to read as follows:

"§662-16 Defense of state employees. The attorney general may defend any civil action or proceeding brought in any court against any employee of the State, not including a county lifeguard providing lifeguard services at a designated state beach park under an agreement between the State and a county, for damage to property or for personal injury, including death, resulting from the act or omission of any state employee while acting within the scope of the employee's employment. The attorney general shall defend any civil action or proceeding brought in any court against any person who is employed by a county as a lifeguard, designated to provide lifeguard services at a designated state beach park under an agreement between the State and a county, and acting within the scope of the county lifeguard's employment at a designated state beach park; provided that the attorney general shall have no obligation to defend when the civil action or proceeding results from a county lifeguard's gross negligence or wanton act or omission; provided further that the county lifeguard may employ an attorney, in lieu of the attorney general, to defend any civil action or proceeding brought in any court against the county lifeguard at the lifeguard's own expense. The employee against whom [such] a civil action or proceeding is brought shall deliver, within the time after the date of service or knowledge of service as determined by the attorney general, all process or complaint served upon the employee or an attested true copy thereof to the employee's immediate superior or to whomever was designated by the head of the employee's department to receive [such] the papers, and [such] the person shall promptly furnish copies of the pleadings and process therein to the department of the attorney general.

No judgment by default shall be entered against a state employee based on a cause of action arising out of an act or omission of such employee while acting within the scope of the employee's employment unless the department of the attorney general has received a copy of the complaint or other relevant pleadings and a period of twenty days has elapsed from the date of [such] the receipt.

The attorney general [may] shall also defend any civil action or proceeding brought in any court against a county based on an allegedly negligent or wrongful act or omission of persons who are employed by a county as lifeguards [and], designated to provide lifeguard services at a designated state beach park under an agreement between the State and a county[.], and acting within the scope of their employment as county lifeguards at a designated state beach park; provided that the attorney general shall have not obligation to defend when the civil action or proceeding results from a county lifeguard's gross negligence or wanton act or omission.

The attorney general may [also] defend any civil action or proceeding brought in any court against any provider of medical, dental, or psychological services pursuant to contract with the department of public safety when the provider is sued for acts or omissions within the contract's scope of work."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2018-2019 for the department of land and natural resources division of state parks to contract with the counties for county lifeguard services at designated state beach parks under an agreement between the State and a county.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. There is appropriated out of the tourism special fund the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2018-2019 for the department of land and natural resources division of state parks to contract with the counties for county lifeguard services at designated state beach parks under an agreement between the State and a county.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2018.

Report Title:

Lifeguards; Tort Liability; Attorney General; Department of Land and Natural Resources; Appropriation

Description:

Requires the Attorney General to defend any civil action or proceeding against a county and any person employed by the county to provide lifeguard services at a designated state beach park under an agreement between the State and the county. Appropriates funds to the Department of Land and Natural Resources to contract with the counties for county lifeguard services at designated state beach parks under an agreement between the State and a county. (SD1)

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