Bill Text: HI HB2079 | 2022 | Regular Session | Introduced
Bill Title: Relating To Sovereign Immunity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-03 - The committee(s) on PDP recommend(s) that the measure be deferred. [HB2079 Detail]
Download: Hawaii-2022-HB2079-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2079 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SOVEREIGN IMMUNITY.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this bill is to clarify and explicitly state that sovereign immunity is not waived with respect to claims arising out of an act or omission that caused or contributed to, directly or indirectly, a person contracting coronavirus disease 2019 (COVID-19) or its variants.
SECTION 2. Section 662-15, Hawaii Revised Statutes, is amended to read as follows:
"§662-15 Exceptions. 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[.];
or
(8) Any claim arising out of an act or omission that caused or contributed to, directly or indirectly, a person contracting coronavirus disease 2019 (COVID-19) or its variants."
SECTION 3. This Act shall apply retroactively to January 1, 2020. Notwithstanding any other provision of law, any waiver of sovereign immunity with respect to claims that an act or omission caused or contributed to, directly or indirectly, an individual contracting COVID-19 that accrued on or after January 1, 2020, is expressly withdrawn.
SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
BY REQUEST |
Report Title:
Sovereign Immunity
Description:
Amends section 662-15, Hawaii Revised Statutes, to provide that chapter 662 shall not apply to any claim that an act or omission caused or contributed to, directly or indirectly, a person contracting coronavirus disease 2019 (COVID-19) or its variants. Provides for retroactive application to January 1, 2020. Provides that any waiver of sovereign immunity with respect to claims that an act or omission caused or contributed to, directly or indirectly, an individual contracting COVID-19 or its variants that accrued on or after January 1, 2020, is expressly withdrawn.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
