Report Title:

Tort Actions; Exceptions; County

 

Description:

Establishes new exceptions from liability for counties in tort actions.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1173

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to Exceptions 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‑    Exceptions.  A county shall not be liable for:

     (1)  Any claim based upon an act or omission of an employee of the county, exercising due care, in the execution of a statute or rule, whether or not the statute or rule 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 county 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 county or State; and

     (4)  Any claim against a county officer or employee arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights."

     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.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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