Bill Text: HI SB2820 | 2010 | Regular Session | Introduced
Bill Title: Awards of Attorney's Fees and Interest Against the State
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-27 - (S) Referred to JGO. [SB2820 Detail]
Download: Hawaii-2010-SB2820-Introduced.html
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THE SENATE |
S.B. NO. |
2820 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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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 Hawaii 338, 357‑58 (2006); Chun v. Board of Trustees of the ERS, 106 Hawaii 416, 432 (2005); Taylor-Rice v. State, 105 Hawaii 104, 110 (2004); Fought & Co. v. Steel Engineering & Erection, Inc., 87 Hawaii 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 Hawaii 474, 482 (1996).
The purpose of this Act is to:
(1) Expressly and unequivocally specify in statutory text when the State relinquishes and waives its sovereign immunity, and consents to allow awards of attorney's fees to be made or interest to be recovered from 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 which is not grounded in a statute that expressly waives the State's sovereign immunity and imposes 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 against or recovered from the State, its agencies, or its officials in any civil or administrative action or proceeding unless an award or a recovery is specifically authorized by a statute that both explicitly waives the State's sovereign immunity and expressly permits the award or recovery of attorney's fees or interest, as the case may be, 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.
The provisions of 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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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 and explicitly permits 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.
