§46-71.5 Indemnification of county agencies. (a) To receive county aid, assistance, support, benefits, services, and interests in or rights to use county property, a state agency may agree in writing to an indemnity provision by which the State agrees to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when:
(b) Notwithstanding subsection (a), the governor may delegate to the superintendent of education or the deputy superintendent if so designated by the superintendent of education the authority to agree to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when:
(c) Notwithstanding subsection (a), the board of regents of the University of Hawaii, or its designee, may agree to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when:
(d) Nothing in this section shall be construed to expand the scope of liability of the State or University of Hawaii beyond that set forth in chapters 661 and 662.
(e) Nothing in this section shall be construed to waive the immunity of the State or University of Hawaii from suit in federal courts guaranteed by the Eleventh Amendment to the United States Constitution. An indemnity provision not in strict compliance with this section shall not give rise to a claim against the State or University of Hawaii under chapter 661 or otherwise waive the State's or university's sovereign immunity. [L 2007, c 152, §10; am L 2010, c 145, §2; am L 2018, c 103, §2]