REPORT TITLE:
Claims against counties


DESCRIPTION:
Provides the counties, their employees and officers with the same
immunity enjoyed by the state and its employees and officers with
respect to claims based on the exercise of discretionary
functions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.75         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CLAIMS AGAINST THE COUNTIES, THEIR OFFICERS AND
   EMPLOYEES. 


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

 1      SECTION 1.  Section 46-72, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "46-72  Liability for damages; notice of injuries. (a)  The
 
 4 county, its officers and employees shall not be liable for any
 
 5 claim based upon an act or omission of an officer or employee of
 
 6 the county, exercising due care, in the execution of a statute or
 
 7 regulation, whether or not such statute or regulation is valid,
 
 8 or based upon the exercise or performance or the failure to
 
 9 exercise or perform a discretionary function or duty on the part
 
10 of a county officer or employee, whether or not the discretion
 
11 involved has been abused.
 
12      (b)  Before the county shall be liable for damages to any
 
13 person for injuries to person or property received upon any of
 
14 the streets, avenues, alleys, sidewalks, or other public places
 
15 of the county, or on account of any negligence of any official or
 
16 employee of the county, the person so injured, or the owner or
 
17 person entitled to the possession, occupation, or use of the
 
18 property so injured, or someone in the person's behalf, shall,
 
19 within six months after the injuries are received, give the
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 chairperson of the council of the county or the city clerk of
 
 2 Honolulu notice in writing of the injuries and the specific
 
 3 damages resulting, stating fully in the notice when, where, and
 
 4 how the injuries occurred, the extent thereof, and the amount
 
 5 claimed therefor."
 
 6      SECTION 2.  New statutory material is underscored.
 
 7      SECTION 3.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________