§128-18  Immunities; rights.  (a) Neither:

(1)  The State;

(2)  Any political subdivision of the State;

(3)  Any public utility or vital facility;

(4)  Private agencies or entities; nor

(5)  Except in cases of wilful misconduct, personsengaged in civil defense functions pursuant to this chapter (includingvolunteers whose services are accepted by any authorized person),

shall be civilly liable for the death of or injuryto persons, or property damage, as a result of any act or omission in thecourse of the employment or duties under this chapter.

(b)  No act or omission shall be imputed to theowner of any vehicle by reason of the owner's ownership thereof; provided thatnothing herein shall preclude recovery by any person for injury or damagesustained from the operation of any vehicle which may be insured under section41D-8 to the extent of the insurance, and unless specifically provided,insurance effected under section 41D-8 shall not include coverage of such riskduring a civil defense emergency period.  The governor may insure vehiclesowned by the State or in the custody and use of the civil defense agency, butinsurance effected under section 41D-8 on vehicles used for purposes other thancivil defense need not necessarily include coverage of the insured vehicleagainst the risk incurred or which would be incurred under this chapter as aresult of the use of the insured vehicle for civil defense.

(c)  Members of the United States army, airforce, navy, marines, or coast guard on any duty or service done under or inpursuance of an order or call of the President of the United States or anyproper authority, and the national guard from any other state ordered intoservice by any proper authority, to assist civil authorities engaged in civildefense functions pursuant to this chapter shall not be liable, civilly orcriminally, for any act done or caused by them in pursuance of duty in suchservice. [L 1951, c 268, pt of §2; RL 1955, §359-18; HRS §128-18; gen ch 1985;am L 1992, c 87, §3; am L 2002, c 220, §2]

 

Case Notes

 

  County immune whenengaged in disaster relief, whether or not governor issues disasterproclamation.  6 H. App. 582, 733 P.2d 1224.