REPORT TITLE:
Hunting; Agreements to Defend


DESCRIPTION:
Allows the department of land and natural resources to enter into
agreements with owners of land to provide that the State will
defend the owner from claims made against the owner by persons
who use the property for hunting, and to provide that the State
will indemnify the owner for losses incurred due to this use.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2153
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO HUNTING.



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

 1      SECTION 1.  Chapter 520, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§520-    Agreements to defend and indemnify; hunting.  (a)
 
 5 The department of land and natural resources may enter into
 
 6 agreements with owners of land to provide that the State will
 
 7 defend the owner from claims made against the owner by persons
 
 8 who use the property for hunting.  These agreements may also
 
 9 provide that the State will indemnify the owner for losses
 
10 incurred due to this use.
 
11      (b)  The existence of an agreement does not allow an action
 
12 to be brought against the State.  The State shall not be made a
 
13 party in any action solely because of the existence of an
 
14 agreement to defend or indemnify.  Any action defended by the
 
15 State pursuant to an agreement shall be deemed an action against
 
16 the owner, and the State may assert all defenses available to the
 
17 owner.
 
18      (c)  If the agreement provides for indemnification by the
 
19 State, no judgment shall be executed against an owner until the
 
20 legislature has reviewed and approved the judgment."
 

 
Page 2                                                     2153
                                     H.B. NO.           
                                            
                                                        

 
 1      SECTION 2.  New statutory material is underscored.
 
 2      SECTION 3.  This Act shall take effect upon its approval.
 
 3 
 
 4                              INTRODUCED BY:______________________