Requires the State to include provisions in contracts when leasing or renting facilities from counties delineating responsibilities in the event of litigation.

A BILL FOR AN ACT

SECTION 1. State agencies frequently lease or rent county facilities for events such as high school graduations and high school athletic competitions when state facilities are either inadequate or unavailable for such activities. Litigation may occasionally arise out of the activities or the use of the facilities.

The purpose of this Act is to facilitate the use of county property for state functions and to provide authority for the State to enter into a contract with the counties for the lease of their property that delineates their respective responsibilities.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

"§46- Use of county facilities by state agencies. (a) When entering into a contract with a county to lease or rent a county facility, the State may include a provision in the contract to defend the county if the county, without any fault on its part, is named in any litigation arising from the State’s use of the county facility; provided that the contract shall contain a similar provision whereby the county will defend the State if the State, without any fault on its part, is named in any litigation arising from the State’s use of the county facility.

(c) This section shall not be construed to expand the State’s waiver of its sovereign immunity."

SECTION 3. New statutory material is underscored.

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