HOUSE OF REPRESENTATIVES

H.B. NO.

2460

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GOVERNMENT TORT ACTIONS.

 

 

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

 


     SECTION 1.  Section 662-15, Hawaii Revised Statutes, is amended to read as follows:

     "§662-15  Exceptions.  (a)  This chapter shall not apply to:

     (1)  Any claim based upon an act or omission of an employee of the State, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a state officer or employee, whether or not the discretion involved has been abused;

     (2)  Any claim arising in respect of the assessment or collection of any tax, or the detention of any goods or merchandise by law enforcement officers;

     (3)  Any claim for which a remedy is provided elsewhere in the laws of the State;

     (4)  Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights;

     (5)  Any claim arising out of the combatant activities of the Hawaii national guard and Hawaii state defense force during time of war, or during the times the Hawaii national guard is engaged in federal service pursuant to section 316, 502, 503, 504, 505, or 709 of Title 32 of the United States Code;

     (6)  Any claim arising in a foreign country; or

     (7)  Any claim arising out of the acts or omissions of any boating enforcement officer.

     (b)  The discretionary function exception in subsection (a)(1) shall be interpreted so as to provide the State the same type of protection from liability that the United States is afforded pursuant to section 2680(a) of Title 28 of the United States Code.

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Tort Actions

 

Description:

Clarifies certain limitations regarding the State's liability in tort cases and brings the State's liability in line with similar federal liability in many cases.

 

 

 

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