| 47 | | - | SECTION 1. The legislature finds that Act 170, Session Laws of Hawaii 2002 (Act 170), was enacted to provide immunity from liability for county lifeguards, the county that employs them, and the State, against damages arising from the acts or omissions of lifeguards while performing rescue, resuscitative, and other lifeguard duties. Act 170 was intended to provide the State and counties with qualified immunity so that lifeguards can be stationed at dangerous beaches, while appropriately limiting the immunity to acts or omissions committed while providing rescue or resuscitative actions or other emergency lifeguard services on the beach. The legislature further finds that the Hawaii tort law study group was established in 1997 by Senate Concurrent Resolution No. 256, House Draft 1, Regular Session of 1997, to study Hawaii's tort system. Regarding immunity, the group reported that "immunity is afforded to classes of persons or entities because it is in the public's best interest to do so," and conferring immunity upon a particular class of persons is often based upon whether the social values attached to encouraging the behavior of that group are of such great importance as to merit extraordinary protection from suit. The legislature notes that, among the criteria established by the group for reviewing requests for immunity were considerations that individuals engaging in inherently dangerous activities need to accept personal responsibility for their activities and that the legislature, in determining whether to grant immunity, should weigh the costs to the public of not granting immunity. The legislature recognizes that Act 170 was enacted with a sunset provision to allow for "evaluation of this measure after sufficient experience has been obtained." Act 152, Session Laws of Hawaii 2007, extended Act 170 until June 30, 2010; and Act 81, Session Laws of Hawaii 2009, extended Act 170 until June 30, 2014, noting that Act 170 "created a climate in which lifeguard services could be provided by the counties without fear of liability[.]" Accordingly, the purpose of this Act is to make liability exemptions for certain lifeguard services permanent. SECTION 2. 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 services. (a) Notwithstanding any other law to the contrary, a county lifeguard, the employing county, and the State shall not be liable for any civil damages resulting from any act or omission of the county 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; provided that this exception from liability shall not apply when the claim for civil damages results from a county lifeguard's gross negligence or wanton act or omission. (b) For the purposes of 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 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. The legislature finds that Act 170, Session Laws of Hawaii 2002 (Act 170), was enacted to provide immunity from liability for county lifeguards, the county that employs them, and the State, against damages arising from the acts or omissions of lifeguards while performing rescue, resuscitative, and other lifeguard duties. Act 170 was intended to provide the State and counties with qualified immunity so that lifeguards can be stationed at dangerous beaches, while appropriately limiting the immunity to acts or omissions committed while providing rescue or resuscitative actions or other emergency lifeguard services on the beach. The legislature further finds that the Hawaii tort law study group was established in 1997 by Senate Concurrent Resolution No. 256, House Draft 1, Regular Session of 1997, to study Hawaii's tort system. Regarding immunity, the group reported that "immunity is afforded to classes of persons or entities because it is in the public's best interest to do so," and conferring immunity upon a particular class of persons is often based upon whether the social values attached to encouraging the behavior of that group are of such great importance as to merit extraordinary protection from suit. The legislature notes that, among the criteria established by the group for reviewing requests for immunity were considerations that individuals engaging in inherently dangerous activities need to accept personal responsibility for their activities and that the legislature, in determining whether to grant immunity, should weigh the costs to the public of not granting immunity. The legislature recognizes that Act 170 was enacted with a sunset provision to allow for "evaluation of this measure after sufficient experience has been obtained." Act 152, Session Laws of Hawaii 2007, extended Act 170 until June 30, 2010; and Act 81, Session Laws of Hawaii 2009, extended Act 170 until June 30, 2014, noting that Act 170 "created a climate in which lifeguard services could be provided by the counties without fear of liability[.]" Accordingly, the purpose of this Act is to make liability exemptions for certain lifeguard services permanent. SECTION 2. 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 services. (a) Notwithstanding any other law to the contrary, a county lifeguard, the employing county, and the State shall not be liable for any civil damages resulting from any act or omission of the county 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; provided that this exception from liability shall not apply when the claim for civil damages results from a county lifeguard's gross negligence or wanton act or omission. (b) For the purposes of 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 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. The legislature finds that Act 170, Session Laws of Hawaii 2002 (Act 170), was enacted to provide immunity from liability for county lifeguards, the county that employs them, and the State, against damages arising from the acts or omissions of lifeguards while performing rescue, resuscitative, and other lifeguard duties. Act 170 was intended to provide the State and counties with qualified immunity so that lifeguards can be stationed at dangerous beaches, while appropriately limiting the immunity to acts or omissions committed while providing rescue or resuscitative actions or other emergency lifeguard services on the beach. |
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| 50 | 50 | | |
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| 51 | 51 | | The legislature further finds that the Hawaii tort law study group was established in 1997 by Senate Concurrent Resolution No. 256, House Draft 1, Regular Session of 1997, to study Hawaii's tort system. Regarding immunity, the group reported that "immunity is afforded to classes of persons or entities because it is in the public's best interest to do so," and conferring immunity upon a particular class of persons is often based upon whether the social values attached to encouraging the behavior of that group are of such great importance as to merit extraordinary protection from suit. |
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| 52 | 52 | | |
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| 53 | 53 | | The legislature notes that, among the criteria established by the group for reviewing requests for immunity were considerations that individuals engaging in inherently dangerous activities need to accept personal responsibility for their activities and that the legislature, in determining whether to grant immunity, should weigh the costs to the public of not granting immunity. |
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| 54 | 54 | | |
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| 55 | 55 | | The legislature recognizes that Act 170 was enacted with a sunset provision to allow for "evaluation of this measure after sufficient experience has been obtained." Act 152, Session Laws of Hawaii 2007, extended Act 170 until June 30, 2010; and Act 81, Session Laws of Hawaii 2009, extended Act 170 until June 30, 2014, noting that Act 170 "created a climate in which lifeguard services could be provided by the counties without fear of liability[.]" |
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| 56 | 56 | | |
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| 57 | 57 | | Accordingly, the purpose of this Act is to make liability exemptions for certain lifeguard services permanent. |
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| 58 | 58 | | |
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| 59 | 59 | | SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: |
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| 60 | 60 | | |
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| 61 | 61 | | "§663- Exception to liability for county lifeguard services. (a) Notwithstanding any other law to the contrary, a county lifeguard, the employing county, and the State shall not be liable for any civil damages resulting from any act or omission of the county 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; provided that this exception from liability shall not apply when the claim for civil damages results from a county lifeguard's gross negligence or wanton act or omission. |
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| 62 | 62 | | |
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| 63 | 63 | | (b) For the purposes of this section: |
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| 64 | 64 | | |
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| 65 | 65 | | "County lifeguard" means a person employed as a lifeguard by a county of this State. |
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| 66 | 66 | | |
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| 67 | 67 | | "Employing county" means the county employing a county lifeguard." |
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| 68 | 68 | | |
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| 69 | 69 | | SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. |
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| 70 | 70 | | |
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| 71 | 71 | | SECTION 4. New statutory material is underscored. |
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| 72 | 72 | | |
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