Hawaii Revised Statutes, Chapter 662D — [Volunteer Service; Immunity]

Division 4. Courts and Judicial Proceedings — Title 36. Civil Remedies and Defenses and Special Proceedings

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).

Division 4 Courts and Judicial Proceedings

Title 36 Civil Remedies and Defenses and Special Proceedings

Chapter 662D [Volunteer Service; Immunity]

§662D-1 Definitions

As used in this chapter, unless the context requires otherwise:

"Governmental entity" means any agency, association, authority, board, commission, division, office, officer, public body, task force, or any other similar entity authorized or established by any county or the State.

"Nonprofit corporation" means any corporation that is exempt from taxation pursuant to section 501(a) of the Internal Revenue Code, 26 U.S.C. section 501(a).

"Nonprofit organization" means any organization that is exempt from taxation pursuant to section 501(c) of the Internal Revenue Code, 26 U.S.C. section 501(c), as amended.

"Volunteer" means a person performing services without compensation, other than reimbursement for actual expenses incurred, for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity. The term includes a volunteer serving as a director, officer, trustee, member, or direct service volunteer.

[L 1997, c 351, pt of §2]

§662D-2 Scope of immunity

(a) A volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:

(1) The volunteer was acting in good faith and within the scope of the volunteer's official functions and duties for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity;

(2) The damage or injury was caused by the volunteer's negligent conduct; and

(3) With respect to a nonprofit organization, nonprofit corporation, or hospital, the entity for which the volunteer was acting either:

(A) Has a general liability policy in force, both at the time of injury and at the time the claim is made against the entity, and the minimum coverage is in an amount of not less than: $200,000 per occurrence and $500,000 aggregate; or

(B) Has total assets, exclusive of grants and allocations, of less than $50,000.

(b) In any suit against a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity for civil damages based upon the negligent act or omission of a volunteer, proof of the act or omission shall be sufficient to establish the responsibility of the entity therefor under the doctrine of respondeat superior, notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (a).

[L 1997, c 351, pt of §2]

§662D-3 Exception

§662D-3 Exception. Notwithstanding section 662D-2, if otherwise permitted by law, a person may sue and recover civil damages from a volunteer based upon:

(1) Any conduct engaged in by the volunteer that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct;

(2) Any act or omission in connection with the operation of a motor vehicle;

(3) Any conduct engaged in by the volunteer while the volunteer is unreasonably interfering with the lawful activities of another;

(4) Any conduct engaged in by the volunteer that takes place on private property when the volunteer's presence on the property was not consented to by the owner;

(5) Any act or omission within a volunteer's scope of practice for which the volunteer is licensed, certified, permitted, or registered under state law to perform; provided that this paragraph shall not apply to volunteer medical assistance services pursuant to section 321-2.5; and

(6) Any criminal offense committed by the volunteer.

[L 1997, c 351, pt of §2; am L 2010, c 134, §2]

§662D-4 Limited liability for volunteers for activities at public skateboard parks

(a) A volunteer who designs, constructs, maintains, or repairs a skateboard park for a governmental entity shall not be liable to any person for injury or damage sustained when using a public skateboard park, except for injury or damages resulting from gross negligence or intentional misconduct.

(b) No nonprofit organization or nonprofit corporation that provides volunteers to a governmental entity to design, construct, maintain, or repair a public skateboard park shall be liable to any person for injury or damage sustained when using a public skateboard park, except under the doctrine of respondeat superior.

[L 2003, c 144, §4]

§662D-5 Limited liability for maintaining or repairing cemetery grounds

(a) An individual volunteer who maintains or repairs cemetery grounds located in the State without compensation, including cemeteries operated for profit pursuant to chapter 441, shall not be liable to any person for injury or damage sustained as a result of the actions of the volunteer to maintain or repair the cemetery grounds, except for injury or damages resulting from gross negligence or intentional misconduct.

(b) A nonprofit organization, nonprofit corporation, or other entity that provides volunteers to maintain or repair cemetery grounds located in the State, including cemeteries operated for profit pursuant to chapter 441, shall not be liable to any person for injury or damages sustained as a result of the actions of a volunteer provided by the organization, corporation, or entity to maintain or repair the cemetery grounds, except for injury or damages resulting from gross negligence or intentional misconduct.

(c) This section does not relieve any cemetery property owner or cemetery authority from compliance with chapter 441, or from the duty to maintain their premises in a reasonably safe condition.

(d) A volunteer providing services under this section for a nonprofit organization, nonprofit corporation, or other entity may only receive reimbursement for actual expenses incurred that have been authorized for payment by the nonprofit organization, nonprofit corporation, or other entity.

(e) Nothing in this section shall be construed to authorize or permit the use of perpetual care funds for the purposes of reimbursing costs incurred pursuant to this section.

(f) Notwithstanding any other law to the contrary, actions of a volunteer in conformance with this section shall not require licensure under chapter 441; provided that maintenance and repair activities covered under this section shall be limited to general maintenance, care, and preservation of cemeteries, including keeping sod or grass in repair and caring for trees and shrubs, but shall not include activities related to burials.

(g) For purposes of this section, a volunteer may provide maintenance and repair services as an individual and not as a member or affiliate of a cemetery authority, nonprofit corporation, nonprofit organization, or other entity, if the volunteer:

(1) First obtains written approval from the cemetery owner or cemetery authority, if one can be identified; and

(2) Does not receive compensation or reimbursement for any expenses other than actual expenses incurred for maintenance and repair of the cemetery grounds.

[L 2018, c 193, §2]

§662D-6 Limited ownership of cemetery grounds

(a) The director of commerce and consumer affairs, in accordance with subsection (b), may appoint an organization as the limited owner of a cemetery for the purpose of bringing criminal, civil, or administrative complaints, including trespass or other complaints, to secure appropriate relief against persons engaged in wrongful acts.

(b) Appointment of limited ownership shall only be made if the director of commerce and consumer affairs determines that:

(1) A cemetery has been abandoned;

(2) A cemetery is in need of perpetual care or protection from wrongful acts; and

(3) No owner or operator for the cemetery can be located.

(c) Any organization granted limited ownership pursuant to subsection (a) may engage in security and perpetual care activities for the cemetery, including but not limited to:

(1) The installation of security measures, such as fencing and lighting;

(2) The implementation of hours of operation;

(3) Major repair work by contract, such as tree trimming, electrical and plumbing connectivity, and the integration of solar photovoltaic structures;

(4) The generation and raising of long-term funds to support the cemetery; and

(5) Any activities in which a volunteer may engage under section 662D-5.

(d) Any organization designated as a limited owner shall be entitled to the same limited liability protections as volunteers under section 662D-5.

(e) Any organization designated as a limited owner shall submit annual reports to the department of commerce and consumer affairs on the status and progress of any new and existing initiatives undertaken to improve the cemetery.

(f) The director of commerce and consumer affairs, in the director's sole discretion, may terminate the limited ownership appointment at any time.

(g) Appointment as a limited owner of a cemetery property under this section shall vest no property rights in or entitlements to the land or property. The limited privileges granted to a limited owner under this section shall not be construed as vested rights and may be revoked at any time at the sole discretion of the director of commerce and consumer affairs. No action, including an action seeking damages, or appeal under chapter 91 may be brought by any person against the director or department of commerce and consumer affairs or against the State relating to an organization's appointment, non-appointment, or termination of a designation as a limited owner, or an organization's actions or omissions as a limited owner.

(h) For purposes of this section, "wrongful acts" includes activities that are illegal pursuant to any federal, state, or county law, rule, or ordinance.

[L 2024, c 193, §2]