Allows State to contract to defend the county and the county to contract to defend the State against liability arising from State use of county facilities.

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 these 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, provide the authority for the State to enter into a contract with the counties for the lease of their property, and to delineate the respective responsibilities of the State and counties.

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. When entering into contracts with the counties to lease or rent county facilities, 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 suit arising from the State's use of the county facility; provided that the contract contains 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. If there is any dispute between the State and the county as to which is responsible for providing defense under the contract, the only relief allowed shall be the costs and expenses incurred in defending against the suit. This section does not expand in any way 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.