Report Title:
State Tort Liability; Limited Duty of Care for State and County
Description:
Eliminates the duty of care of the State and counties to make highways reasonable safe for those found to have been injured on a highway as the result of excessive speed or under the influence of an intoxicant.
|
THE SENATE |
S.B. NO. |
2848 |
|
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 relating to highway safety, if the transaction on which the claim is based involves a vehicle driven or occupied by the claimant or any person claiming through the driver or occupant, which vehicle was driven:
(A) Twenty-five miles per hour or more in excess of the lesser of the speed limit or the speed advisory;
(B) By an individual under the influence of an intoxicant as determined by section 291E-61; or
(C) By an individual who failed to exercise reasonable care, including an individual who fell asleep at the wheel, was intoxicated, or lost control of the vehicle because of such failure at the time of the transaction's occurrence."
SECTION 2. Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§ 662- Duty of counties' care limited in highway cases. No county of this State or employee of such county shall be liable to any person for injury or damage on account of any claim described in section 662-15(8)."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |