Bill Text: HI HB2097 | 2018 | Regular Session | Amended
Bill Title: Relating To Lifeguards.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2018-07-11 - Act 181, on 07/10/2018 (Gov. Msg. No. 1290). [HB2097 Detail]
Download: Hawaii-2018-HB2097-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2097 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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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. 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. 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[.]; county lifeguards. (a)
The attorney general may defend any civil action or proceeding brought
in any court against any employee of the State 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.
(b) 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.
(c) The employee against whom [such] a
civil action or proceeding is brought under this section 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.
(d) No judgment by default shall be entered
against a [state employee] person under this section based on a
cause of action arising out of an act or omission of [such employee] the
person while acting within the scope of the [employee's] person'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.
(e) The attorney general [may also] shall
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 no obligation to defend when the
civil action or proceeding results from a county lifeguard's gross negligence
or wanton act or omission, or when claims are made against the county for its
own negligence or wrongful acts or omissions.
(f) 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 special land and development fund the sum of $500,000 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. (HB2097 CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
