Report Title:

Nonprofits; Health, Human Services Contracts State Liability

 

Description:

Makes the State liable for damages for injuries resulting from motor vehicle accidents, involving employees of nonprofit entities providing health and human services under contract with the State, occurring in the course of providing services.

 

THE SENATE

S.B. NO.

468

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TORT ACTIONS.

 

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

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"663-   State coverage for nonprofit health and human services entities; motor vehicle accidents. The State shall be liable for damages for fault arising from a motor vehicle accident, as defined in section 431:10C-103, involving a motor vehicle that is driven by an employee of a nonprofit corporation under chapter 415B or a nonprofit association under chapter 429, if:

(1) The accident occurred while performing services for the corporation or association under a contract with the State; and

(2) The vehicle driven by the employee is not registered to the corporation or the association and is not covered by the insurance policy of the corporation or association.

The liability of the State shall extend only to a passenger of the vehicle driven by the employee, driver or passenger of another vehicle, or a pedestrian and shall be limited to not more than $20,000 per person, with an aggregate limit of $40,000 per accident for all damages arising out of bodily injury or death, or both, caused by the accident and arising out of the use of the motor vehicle."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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