THE SENATE	S.B. NO.	402
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

relating to lifeguards.

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

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§663- Exception to liability for county lifeguard services. (a) Notwithstanding any other law to the contrary, a county lifeguard, the employing county, or the State shall not be liable for any civil damages resulting from any act or omission of a lifeguard while the lifeguard is providing rescue, resuscitation, or other lifeguard services on the beach or in the ocean that are within the course and scope of the lifeguard's employment as a county lifeguard; provided that this exception to liability shall not apply when a claim for civil damages results from a county lifeguard's gross negligence or wanton act or omission.

(b) As used in this section:

"County lifeguard" means a person employed as a lifeguard by a county of this State.

"Employing county" means the county employing a county lifeguard."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request

Report Title:

Maui County Mayor's Package; Lifeguards; State and County Tort Liability

Description:

Reinstates certain liability exceptions for county lifeguards.

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