Report Title:
Sovereign immunity clarification
Description:
Clarifies the limits of the State of Hawaii's waiver of sovereign immunity for claims asserted against the State. Preserves the separation of powers principle that only the Legislature may waive the State's inherent sovereign immunity from suits for retrospective money damages.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1250 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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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 Statutory material to be repealed is bracketed and stricken.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: |
_____________________________ |
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BY REQUEST |