Report Title:
State Tort Liability Act; Exceptions
Description:
Amends the State Tort Liability Act to exclude any claim based upon the maintenance and design of public highways.
THE SENATE |
S.B. NO. |
2847 |
TWENTY-THIRD LEGISLATURE, 2006 |
||
STATE OF HAWAII |
||
|
A BILL FOR AN ACT
relating to the state tort liability act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 662-15, Hawaii Revised Statutes, is amended to read as follows:
"§662-15 Exceptions. This chapter shall not apply to:
(1) Any claim based upon an act or omission of an employee of the State, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a state officer or employee, whether or not the discretion involved has been abused;
(2) Any claim arising in respect of the assessment or collection of any tax, or the detention of any goods or merchandise by law enforcement officers;
(3) Any claim for which a remedy is provided elsewhere in the laws of the State;
(4) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights;
(5) Any claim arising out of the combatant activities of the Hawaii national guard and Hawaii state defense force during time of war, or during the times the Hawaii national guard is engaged in federal service pursuant to section 316, 502, 503, 504, 505, or 709 of Title 32 of the United States Code;
(6) Any claim arising in a foreign country; [or]
(7) Any claim arising out of the acts or omissions of any boating enforcement officer[.]; or
(8) Any claim arising out of motor vehicle accidents relating to the maintenance and design of public highways including actions involving guardrails, utility poles, street and directional signs or signals, and any other highway-related device."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |