REPORT TITLE:
County Exemp; Statute of Limit


DESCRIPTION:
Amends definition of State to exclude any county or municipality
of the State for purposes of allowing plaintiffs to notify a
county of injuries received upon any street, sidewalk and other
public place and confirms the 6-month statute of limitation for
actions against a county.

 
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                                            1557        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COUNTY EXEMPTION TO THE STATE STATUTE OF LIMITATIONS.



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

 1      SECTION 1.  Section 662-1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "662-1  Definition.  As used in this chapter the term:
 
 4      "Acting within the scope of his office or employment", in
 
 5 the case of a member of the Hawaii national guard or Hawaii state
 
 6 defense force, means acting in the line of duty.
 
 7      "Employees of the State" includes officers and employees of
 
 8 any state agency, members of the Hawaii national guard, Hawaii
 
 9 state defense force, and persons acting in behalf of a state
 
10 agency in an official capacity, temporarily, whether with or
 
11 without compensation.  "Employees of the State" also includes
 
12 persons employed by a county of this State as lifeguards and
 
13 designated to provide lifeguard services at a designated state
 
14 beach park under an agreement between the State and that county.
 
15      "State" includes the State of Hawaii and all executive
 
16 departments, boards, commission, bureaus, offices, agencies and
 
17 all independent commissions and other establishments of the state
 
18 government and all quasi-public institutions and all courts which
 
19 are supported in whole or in part by, or which handle state or
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 public funds, but shall not include any county or municipality of
 
 2 the State.
 
 3      "State agency" includes the executive departments, boards,
 
 4 and commissions of the State but does not include any contractor
 
 5 with the State and agencies of any county or municipality of the
 
 6 State.
 
 7      SECTION 2.  Section 657-7, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "657-7 Damage to persons or property. Action for the
 
10 recovery of compensation for damage or injury to persons or
 
11 property shall be instituted within two years after the cause of
 
12 action accrued, and not after, except as provided in section 657-
 
13 13 and except in the case of claims against the counties when the
 
14 limitation of action provision set forth in section 46-72 shall
 
15 apply."
 
16      SECTION 3.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 4.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________
 

 
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