REPORT TITLE:
Counties; Liability


DESCRIPTION:
Holds a county not liable for damages to person or property where
the claim is based on a county employee's act or omission based
on a discretionary function, when executing a statute, ordinance,
or rule with due care.

 
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                                                        1368
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LIMITED LIABILITY FOR COUNTIES.



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

 1      SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated to read as
 
 3 follows:
 
 4      "46-____.  Limitation on liability.  Notwithstanding any
 
 5 other law to the contrary, the county shall not be liable for
 
 6 damages to any person for injuries to person or property where
 
 7 such claim for damages is based upon an act or omission of an
 
 8 employee of the county, exercising due care, in the execution of
 
 9 a statute, ordinance, rule or regulation, whether or not such
 
10 statute, ordinance, rule or regulation is valid, or based upon
 
11 the exercise or performance or the failure to exercise or perform
 
12 a discretionary function or duty on the part of a county officer
 
13 or employee, whether or not the discretion involved has been
 
14 abused."
 
15      SECTION 2.  New statutory material is underscored.
 
16      SECTION 3.  This Act shall take effect upon its approval.
 
17 
 
18                           INTRODUCED BY:  _______________________
 

 
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