SB2303 SD1

Report Title:

Public Utility Property; Injury

 

Description:

Enhances liability for damage to public utility property. (SD1)

THE SENATE	S.B. NO.	2303
TWENTY-FIRST LEGISLATURE, 2002		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to injury to public utility property.

 

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

SECTION 1. Section 269-32, Hawaii Revised Statutes, is amended to read as follows:

"[[]§269-32[]] Injury to public utility property. (a) Any person who injures or destroys, through want of proper care, any necessary or useful facility, equipment or property of any public utility shall be liable to the public utility for all damages sustained thereby.

(b) In addition to damages sustained thereby pursuant to subsection (a), any person who wilfully, intentionally, or recklessly injures or destroys any necessary or useful facility, equipment, or property of any public utility shall be liable to the public utility for damages in the amount of two times the cost of all damages sustained thereby; provided that this subsection shall not be applicable to any injury or destruction caused by, or involving motor vehicles being used primarily to transport any person or property. Unless a policy of insurance issued in the State specifically covers damages more than the actual damages for injury or destruction to any necessary or useful facility, equipment, or property of any public utility recoverable under subsection (a), no policy of insurance issued in the State shall provide coverage for the additional damages recoverable under this subsection.

(c) The measure of damages to the facility, equipment or property injured or destroyed shall be the cost to repair or replace the property injured or destroyed including direct and allocated costs for labor, materials, supervision, supplies, tools, taxes, transportation, administrative and general expense and other indirect or overhead expenses, less credit, if any, for salvage. The specifying of the measure of damages for the facility, equipment or property shall not preclude the recovery of such other damages occasioned thereby as may be authorized by law."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.