Bill Text: HI SB1613 | 2010 | Regular Session | Amended

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Bill Title: Department of Transportation; Indemnification

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1613 Detail]

Download: Hawaii-2010-SB1613-Amended.html

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STAND. COM. REP. NO. 286

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1613

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Transportation, International and Intergovernmental Affairs, to which was referred S.B. No. 1613 entitled:

 

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF TRANSPORTATION,"

 

begs leave to report as follows:

 

     The purpose of this measure is to allow the Department of Transportation to impose upon private parties using state harbors and airports the duty to defend, hold harmless, and indemnify.

 

     Your Committee received testimony in support of this measure from the Department of Transportation.  Comments were received from the Hawaii Harbors Users Group.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that this measure is in response to a Hawaii Supreme Court case (Haole v. State of Hawaii), in which the court held that the Department of Transportation lacked statutory authority to adopt a rule to impose a duty upon users to defend and indemnify the State.

 

     Your Committee has amended this measure on the recommendation of the Department of Transportation to insert clarifying language into the indemnity provision covering commercial harbors.

 

     As affirmed by the record of votes of the members of your Committee on Transportation, International and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1613, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1613, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

 

Respectfully submitted on behalf of the members of the Committee on Transportation, International and Intergovernmental Affairs,

 

		____________________________ J. KALANI ENGLISH, Chair