Bill Text: HI SB2702 | 2012 | Regular Session | Introduced
Bill Title: Actions By State; Actions Against State
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-25 - (S) Referred to JDL. [SB2702 Detail]
Download: Hawaii-2012-SB2702-Introduced.html
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THE SENATE |
S.B. NO. |
2702 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ACTIONS BY AND AGAINST THE STATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 661-1, Hawaii Revised Statutes, is amended to read as follows:
"§661-1 Jurisdiction. The several
circuit courts of the State and, except as otherwise provided by statute or
rule, the several state district courts shall, subject to appeal as provided by
law, have original jurisdiction to hear and determine the following matters,
and, unless otherwise provided by law, shall determine all questions of fact
involved without the intervention of a jury[.]:
(1) All claims against the State founded upon any
statute of the State; or upon any regulation of an executive department; or
upon any contract, expressed or implied, with the State, and all claims which
may be referred to any such court by the legislature; provided that no action
shall be maintained, nor shall any process issue against the State, based on
any contract or any act of any state officer which the officer is not
authorized to make or do by the laws of the State, nor upon any other cause of
action than as herein set forth[.]; and provided further that a claim
founded upon a statute of the State is within the original jurisdiction of the
courts only if, in the text of the separate statute upon which the claim is
founded, the State has unequivocally waived its sovereign immunity for the
claim.
(2) All counterclaims, whether liquidated or unliquidated, or other demands whatsoever on the part of the State against any person making claim against the State under this chapter."
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 Statutory material to be repealed is bracketed and stricken.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.
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INTRODUCED BY: |
_____________________________BY REQUEST |
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Report Title:
Actions By State; Actions Against State
Description:
Clarifies that section 661-1, Hawaii Revised Statutes, only waives the State's sovereign immunity with respect to a claim "founded upon a statute," if the Legislature has unequivocally waived the State's immunity in a separate statute.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
