Report Title:

Government Liability

 

Description:

Authorizes the superintendent of education to agree to indemnify the counties whenever the department of education uses county facilities for the purpose of interscholastic athletic activities.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2180

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to GOVERNMENT liability.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 46-71.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§46-71.5[]]  Indemnification of county agencies.  (a)  To receive county aid, assistance, support, benefits, services, and interests in or rights to use county property, a state agency may agree in writing to an indemnity provision by which the State agrees to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when:

     (1)  The governor approves the State's proposed indemnification; and

     (2)  The comptroller, pursuant to section 41D-8.5, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision, or has determined that it is not in the best interest of the State to obtain insurance.

     (b)  To receive county aid, assistance, support, benefits, services, and interests in or rights to use county parks and recreation facilities for the purpose of interscholastic athletic activities involving students in public schools, the superintendent of education may agree in writing to an indemnity provision by which the State agrees to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees.

     [(b)] (c)  An indemnity provision not in strict compliance with this section shall not give rise to a claim against the State under chapter 661 or otherwise waive the State's sovereign immunity."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________