Bill Text: HI HB382 | 2010 | Regular Session | Introduced
Bill Title: State Tort Liability
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB382 Detail]
Download: Hawaii-2010-HB382-Introduced.html
Report Title:
State tort liability
Description:
Requires notification of pending class action against the State to the Governor, President of the Senate, and Speaker of the House at prior to the filing of the lawsuit. Requires service of the lawsuit to the Senate President and House Speaker. Effective January 1, 2010.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
382 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to state tort liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§662- Notification of class action. (a) No class action or de facto class action lawsuit or proceeding for claims against the State may be filed or prosecuted unless the class representative or its counsel transmits written notice of the class's intention to proceed to:
(1) The governor;
(2) The president of the senate; and
(3) The speaker of the house of representatives.
(b) A filed copy of the complaint and all relevant supporting and exculpatory materials in the possession of the proposed class representative or its counsel shall be served on the president of the senate and the speaker of the house of representatives not later than seven days after the filing of the complaint. The complaint shall remain under seal for at least sixty days after service upon the attorney general of the complaint and all relevant supporting and exculpatory materials in the possession of the proposed class representative or its counsel."
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 on January 1, 2010.
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INTRODUCED BY: |
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