2021 Hawaii Revised Statutes
Title 10. Public Safety and Internal Security
127A. Emergency Management
127A-9 Immunities; rights.
§127A-9 Immunities; rights. (a) None of the following:
(1) The State;
(2) Any county;
(3) Any owner or operator of a public utility or critical infrastructure facility;
(4) Private-sector or nonprofit organizations; or
(5) Except in cases of wilful misconduct, gross negligence, or recklessness, persons engaged in emergency management functions pursuant to this chapter, including volunteers whose services are accepted by any authorized person,
shall be civilly liable for the death of or injury to persons, or property damage, as a result of any act or omission in the course of the employment or duties under this chapter.
(b) No act or omission shall be imputed to the owner of any vehicle by reason of the owner's ownership thereof; provided that nothing herein shall preclude recovery by any person for injury or damage sustained from the operation of any vehicle which may be insured under section 41D-8 to the extent of the insurance, and, unless specifically provided, insurance effected under section 41D-8 shall not include coverage of such risk during an emergency period. The governor may insure vehicles owned by the State or in the custody and use of the Hawaii emergency management agency; provided that insurance effected under section 41D-8 on vehicles used for purposes other than emergency management shall not be required to include coverage of the insured vehicle against the risk incurred or which would be incurred under this chapter as a result of the use of the insured vehicle for emergency management.
(c) Members of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard on any duty or service performed under or in pursuance of an order or call of the President of the United States or any proper authority, and the National Guard from any other state ordered into service by any proper authority, to assist civil authorities engaged in emergency functions pursuant to this chapter shall not be liable, civilly or criminally, for any act done or caused by them in pursuance of duty in such service. [L 2014, c 111, pt of §2]
