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HI HB1163
Bill
Status
3/10/2009
Primary Sponsor
Calvin Say
Click for details
AI Summary
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Authorizes the Department of Transportation to impose indemnification duties on private parties using state harbors through administrative rule.
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Requires harbor facility users to defend, hold harmless, and indemnify the State against claims arising from their operations, except where the Department is proven solely and legally negligent.
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Defines "state harbor property" as commercial harbors, ports, roadsteads, harbor buildings, docks, wharves, piers, quays, bulkheads, and landings owned by the State.
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Addresses a Hawaii Supreme Court ruling in Haole v. State of Hawaii (2006) that found the Department lacked statutory authority to enforce indemnification rules without legislative authorization.
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Protects the State from financial liability in lawsuits arising from negligent acts of harbor facility users.
Legislative Description
Commercial Harbors; Indemnification
Last Action
Carried over to 2010 Regular Session.
5/11/2009