Loading chat...

HI HB1163

Bill

Status

Engrossed

3/10/2009

Primary Sponsor

Calvin Say

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Authorizes the Department of Transportation to impose indemnification duties on private parties using state harbors through administrative rule.

  • 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.

  • Defines "state harbor property" as commercial harbors, ports, roadsteads, harbor buildings, docks, wharves, piers, quays, bulkheads, and landings owned by the State.

  • 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.

  • 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

Committee Referrals

Tourism & International Affairs3/12/2009
Finance2/20/2009
Judiciary2/12/2009
Transportation1/30/2009

Full Bill Text

No bill text available