Bill Text: HI SB2834 | 2018 | Regular Session | Introduced
Bill Title: Relating To Indemnification Of County Agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-24 - Referred to HRE/PSM/LBR, JDC/WAM. [SB2834 Detail]
Download: Hawaii-2018-SB2834-Introduced.html
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THE SENATE |
S.B. NO. |
2834 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INDEMNIFICATION OF COUNTY AGENCIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the University of Hawaii campuses frequently use county parks and other facilities for educational purposes and functions, such as physical education classes, athletic events, and graduation events. The legislature also finds that the current procedure for the University of Hawaii to obtain approval from the governor to agree to indemnify a county when a University of Hawaii campus uses a county facility for educational purposes is unnecessarily burdensome, especially for university purposes and functions that occur repeatedly throughout the academic semester as well as annually.
The purpose of this Act is to facilitate the process by which the University of Hawaii obtains approval to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees for university purposes and functions on county facilities.
SECTION 2. Section 46-71.5, Hawaii Revised Statutes, is amended to read as follows:
"§46-71.5 Indemnification of county agencies. (a) To receive county aid, assistance, support, benefits, services, and interests in or rights to use county property, a state agency may agree in writing to an indemnity provision by which the State agrees to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when:
(1) The governor approves the State's proposed indemnification; and
(2) The comptroller, pursuant to section 41D-8.5, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision, or has determined that it is not in the best interest of the State to obtain insurance.
(b) Notwithstanding subsection (a), the governor may delegate to the superintendent of education or the deputy superintendent if so designated by the superintendent of education the authority to agree to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when:
(1) The use of the county property will be for a public school purpose or a public school function;
(2) The governor approves, in writing, the indemnity provision to be used by the superintendent of education or the deputy superintendent if so designated by the superintendent of education which provision, upon approval, may serve as approval under this paragraph for all public school purposes or functions on county properties for the remainder of that same school year; and
(3) The comptroller, pursuant to section 41D-8.5, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision, or has determined that it is not in the best interest of the State to obtain insurance.
(c) Notwithstanding subsection (a), the board of
regents of the University of Hawaii or designee may agree to indemnify, defend,
and hold harmless a county agency, its officers, agents, and employees when:
(1) The use of the
county property will be for a university purpose or a university function;
(2) The board of
regents of the University of Hawaii or designee approves, in writing, the
indemnity provision to be used; and
(3) The University
of Hawaii has obtained an insurance policy or policies in an amount sufficient
to cover the liability that reasonably may be anticipated to arise under the
indemnity provision, or has determined that it is not in the best interest of
the university to obtain insurance.
[(c)] (d) 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 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Indemnification; University of Hawaii
Description:
Facilitate the process by which the University of Hawaii obtains approval to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees for university purposes and functions on county facilities.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
