Bill Text: HI HB781 | 2013 | Regular Session | Introduced
Bill Title: Awards of Attorney's Fees and Interest Against the State
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-24 - Referred to JUD, FIN, referral sheet 5 [HB781 Detail]
Download: Hawaii-2013-HB781-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
781 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AWARDS OF ATTORNEY'S FEES OR INTEREST AGAINST THE STATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. "[L]ike the federal government, [our state government] is one in which the sovereign power is divided and allocated among three co-equal branches." Trustees of OHA v. Yamasaki, 69 Haw. 154, 170-71 (1987). The courts have recognized that under that allocation, the legislature is responsible for "clearly relinquish[ing the State's] sovereign immunity" by prescribing in unequivocal, statutory text, when and under what circumstances the State's sovereign immunity is waived so that plaintiffs may bring suits against the State to recover monetary damages, including attorney's fees and interest. Office of Hawaiian Affairs v. State, 110 Haw. 338, 357-58 (2006); Chun v. Board of Trustees of the ERS, 106 Haw. 416, 432 (2005); Taylor-Rice v. State, 105 Haw. 104, 110 (2004); Fought & Co., Inc. v. Steel Engineering & Erection, Inc., 87 Haw. 37, 51 (1998). The legislature is given exclusive responsibility to make this determination because "the crucial inquiry under our sovereign immunity principle" is whether, and to what extent the State's treasury may be impacted by the waiver. Bush v. Watson, 81 Haw. 474, 482 (1996).
The purposes of this Act are to (1) expressly and unequivocally specify in statutory text when the State relinquishes and waives its sovereign immunity, and consents to allowing awards of attorney's fees to be made or interest to be recovered against the State and (2) repudiate any judicial precedent rendering the State liable for attorney's fees or interest to the same extent as other litigants, that is not grounded in a statute expressly waiving the State's sovereign immunity with respect to attorney's fees or interest, and imposing that liability upon the State.
SECTION 2. Chapter 661, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§661-_ Award of attorney's fees or interest against the State. Any law, including any common-law principle of law, to the contrary notwithstanding, no attorney's fees or interest may be assessed or recovered from the State, its agencies, or its officials in any civil or administrative action or proceeding unless an award or a recovery of attorney's fees or interest is specifically authorized by a statute that both explicitly waives the State's sovereign immunity with respect to attorney's fees or interest and expressly permits the award or recovery of attorney's fees or interest as the case may be against the State, its agencies, or its officials, irrespective of whether the attorney's fees or interest are awarded or assessed (1) as damages, costs, a reimbursement, or an offset; (2) pursuant to the private attorney general doctrine; or (3) by any other means.
This section shall not apply to attorney's fees imposed as sanctions pursuant to court rules."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Awards of Attorney's Fees and Interest Against the State
Description:
Limits awards or the recovery of attorney's fees or interest against or from the State to only those cases for which the Legislature expressly waives the State's sovereign immunity to permit the award or recovery.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
