Report Title:

State Indemnification; County Assistance

Description:

Requires a state agency to indemnify a county to receive from the county any assistance, services, rights, or permission to use county property.

HOUSE OF REPRESENTATIVES	H.B. NO.	36
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COUNTIES.

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

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-    Indemnification of counties. (a)  A state agency may enter into an indemnity agreement with a county.  An indemnity agreement between a state agency and a county may provide that the State:

(1) Defend the county and its officers and employees from claims made by public users; or

(2) Indemnify the county and its officers and employees for losses incurred as a direct result of the public use.

(b)  In order to receive county assistance, services, rights, or permission to use county property, or to provide services or otherwise act as a vendor to county agencies, a state agency shall agree in writing to an indemnity provision to:

(1) Defend the county and its officers and employees from claims made by public users; and

(2) Indemnify the county and its officers and employees for losses incurred as a direct result of the public use.

(c)  Except as otherwise provided by law, 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.  New statutory material is underscored.

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

INTRODUCED BY:

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