L 1999, c 115, §11 provides in part:

"...section 4 of this Act [amending §662-15(8)] shall take effect retroactive to the effective date of Act 213, Session Laws of Hawaii, 1998 [July 17, 1998]; and provided further that this Act shall not affect any claim which has been filed in the courts on or before the date of its enactment [June 25, 1999]... and section 662-15(8), Hawaii Revised Statutes, shall be repealed on December 31, 2003."

Claim against the ferry system, see §§268-11 to 15.

Claims against government arising out of year 2000 errors, see chapter 662E.

Year 2000 errors in computer-based systems, see chapter 663M.

State v. Rogers: The Limits of State Tort Liability. 8 HBJ 89.

Section was not applied retroactively. 832 F.2d 1116.

Distinction between governmental activity and private activity is not valid basis for determining liability. 51 H. 293, 459 P.2d 378.

Acts done on operational level are not within exception. 51 H. 293, 459 P.2d 378; 52 H. 156, 472 P.2d 509.

Immunities retained in paragraphs (1) and (4) are not applicable to the city and county prosecuting attorney or to the city and county of Honolulu. 56 H. 241, 534 P.2d 489.

Discretionary function exception discussed re highway design. 57 H. 656, 562 P.2d 436.

State has not waived its immunity in defamation actions. 1 H. App. 517, 620 P.2d 771.

Claim for negligent and/or intentional infliction of emotional distress against Hawaii civil rights commission not barred under paragraph (1), as acts of investigating complaint, instituting suit based on finding of reasonable cause, and sending demand letter were part of routine operations of commission and did not involve broad policy considerations encompassed within the discretionary function exception. 88 H. 85, 962 P.2d 344.

The discretionary function exception in paragraph (1) is limited to situations in which a government agent is engaged in the effectuation of "broad public policy"; the investigation of a complaint by the Hawaii civil rights commission, in and of itself, does not involve such considerations; thus, a counterclaim for negligence in the performance of an investigation is not barred by sovereign immunity. 88 H. 85, 962 P.2d 344.

Decision not to improve guardrail, at time of highway resurfacing project, constituted an operational level decision that did not fall within the discretionary function exception of paragraph (1). 91 H. 60, 979 P.2d 1086.

Discussed. 51 H. 150, 454 P.2d 112.

Constitutional violations. 77-1 HLR 77-267.