THE SENATE                           S.C.R. NO.            162
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE DEPARTMENT OF THE ATTORNEY GENERAL TO DETERMINE
    WHETHER PUBLIC CONTRACTS WITH PRIVATE NON-PROFIT SERVICE
    PROVIDERS SHOULD INCLUDE PROVISIONS REGARDING ALLOCATION
    OF LIABILITY.



 1        WHEREAS, the State and the counties contract with private
 2   non-profit entities to provide certain public services that the
 3   State or counties would otherwise provide themselves;
 4   
 5        WHEREAS, the provisions of public services by private non-
 6   profit contractors sometimes results in the exposure of those
 7   contractors to lawsuits; for instance, a contractor providing
 8   transportation may be sued in the event of a traffic accident
 9   allegedly resulting from the contractor's negligence;
10   
11        WHEREAS, the appropriate allocation of liability between
12   government and a contractor may vary from contract to contract,
13   and is therefore best agreed upon by the contracting parties;
14   and
15   
16        WHEREAS, a blanket policy by government to always require
17   a contractor, especially non-profit entities, to assume all
18   liability may be unfair to these contractors in some instances;
19   now, therefore,
20   
21        BE IT RESOLVED by the Senate of the Twentieth Legislature
22   of the State of Hawaii, Regular Session of 2000, the House of
23   Representatives concurring, that the Attorney General and the
24   counties, in reviewing public contracts with private non-profit
25   entities, are requested to consider on a case by case basis the
26   most appropriate allocation of liability in each public
27   contract; 
28   
29        BE IT FURTHER RESOLVED that the Attorney General and the
30   counties are requested to examine the best way to ensure that
31   the appropriate allocation of liability is determined on a case
32   by case basis in public contracts, including any required
33   changes to current law;
34   
35        BE IT FURTHER RESOLVED that the Attorney General and the
36   counties are requested to report findings and recommendations
37   to the Legislature twenty days prior to the convening of the
38   Regular Session of 2001; and
39   

 
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                                  S.C.R. NO.            162
                                                        
                                                        

 
 1        BE IT FURTHER RESOLVED that certified copies of this
 2   Concurrent Resolution be transmitted to the Attorney General
 3   and to the respective corporation counsel or county attorney of
 4   each county.
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 6 
 7 
 8                         OFFERED BY:  ____________________________