HOUSE OF REPRESENTATIVES
|
AMENDMENT TO: |
House Bill 2690 |
||
|
|
|||
|
OFFERED BY: |
Representative Cynthia Thielen |
||
|
|
|||
|
DATE: |
March 2nd, 2010 |
||
SECTION 1. House Bill 2690 is amended by deleting its contents, and replacing it with the following text, to read as follows:
"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[.]:
|
|
|
|
|
|
|
|
|
|
CARRIED |
|
FAILED TO CARRY |
|
WITHDRAWN |
|
|
|
|
|
||||
|
|
|
|
||||
|
|
|
|
||||
|
|
CHIEF CLERK, HOUSE OF REPRESENTATIVES |
|
||||
|
|
|
|
||||
(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 Statutory material to be repealed is bracketed and stricken.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."