reglab/housing_qa huggingface dataset:
HI Rev Stat § 661-24 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-24 Statute of limitations.

  §661-24 Statute of limitations. An action for false claims to the State pursuant to this part shall be brought within six years after the false claim is discovered or by exercise of reasonable diligence should have been discovered and, in any event, no more than ten years after the date on which the violation of section 661-21 is committed. [L 2000, c 126, pt of §1; am L 2001, c 55, §28(3)]
HI Rev Stat § 661-25 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-25 Action by private persons.

  §661-25 Action by private persons. (a) A person may bring a civil action for a violation of section 661-21 for the person and for the State. The action shall be brought in the name of the State. The action may be dismissed only with the written consent of the court, taking into account the best interests of the parties involved and the public purposes behind this part.  (b) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the State in accordance with the Hawaii rules of civil procedure. The complaint shall be filed in camera, shall remain under seal for at least sixty days, and shall not be served on the defendant until the court so orders. The State may elect to intervene and proceed with the action within sixty days after it receives both the complaint and the material evidence and information.  (c) The State may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subsection (b). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until twenty days after the complaint is unsealed and served upon the defendant in accordance with the Hawaii rules of civil procedure.  (d) Before the expiration of the sixty-day period or any extension obtained, the State shall:  (1) Proceed with the action, in which case the action shall be conducted by the State and the seal shall be lifted; or  (2) Notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action and the seal shall be lifted.  (e) When a person brings an action under this section, no person other than the State may intervene or bring a related action based on the facts underlying the pending action. [L 2000, c 126, pt of §1; am L 2001, c 55, §28(4)]
HI Rev Stat § 661-28 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-28 REPEALED.

  §661-28 REPEALED. L 2012, c 294, §8.
HI Rev Stat § 661-29 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-29 Fees and costs of litigation.

  §661-29 Fees and costs of litigation. The State shall not be liable for expenses or fees, including attorney fees, that a person incurs in bringing an action under this part and shall not elect to pay those expenses or fees. [L 2000, c 126, pt of §1]
HI Rev Stat § 661-30 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-30 Relief from retaliatory actions.

  §661-30 Relief from retaliatory actions. (a) Notwithstanding any law to the contrary, any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment, contract, or agency relationship because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under section 661-25 or other efforts to stop or address any conduct described in section 661-21(a).  (b) Relief under subsection (a) shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An action for relief from retaliatory actions under subsection (a) may be brought in the appropriate court of this State for the relief provided in this part.  (c) An action for relief from retaliatory actions under subsection (a) shall be brought within three years of the retaliatory conduct upon which the action is based. [L 2012, c 294, pt of §5]
HI Rev Stat § 661-31 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-31 Certain actions barred.

  §661-31 Certain actions barred. (a) In no event may a person bring an action under this part that is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.  (b) The court shall dismiss an action or claim under this part, unless opposed by the State, if the allegations or transactions alleged in the action or claim are substantially the same as those publicly disclosed:  (1) In a state criminal, civil, or administrative hearing in which the State or its agent is a party;  (2) In a state legislative or other state report, hearing, audit, or investigation; or  (3) By the news media, unless the action is brought by the attorney general or the person bringing the action is an original source of the information.  (c) For purposes of this section, "original source" means an individual who:  (1) Prior to public disclosure under subsection (b), has voluntarily disclosed to the State the information on which the allegations or transactions in a claim are based; or  (2) Has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the State before filing an action under this part. [L 2012, c 294, pt of §5]
HI Rev Stat § 662-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-1 Definitions.

  §662-1 Definitions. As used in this chapter the term:  "Acting within the scope of the employee's office or employment", in the case of a member of the Hawaii National Guard or Hawaii state defense force, means acting in the line of duty.  "Employees of the State" includes officers and employees of any state agency, members of the Hawaii national guard, Hawaii state defense force, and persons acting in behalf of a state agency in an official capacity, temporarily, whether with or without compensation. "Employees of the State" also includes persons employed by a county of this State as lifeguards and designated to provide lifeguard services at a designated state beach park under an agreement between the State and that county.  "State agency" includes the executive departments, boards, and commissions of the State but does not include any contractor with the State. [L 1957, c 312, pt of §1; Supp, §245A-1; HRS §662-1; am L 1988, c 135, §1; am L 1991, c 316, §1; am L 2015, c 35, §19] Law Journals and Reviews  Rogers v. State: The Limits of State Tort Liability. 8 HBJ no. 3, at 89 (1971).   Case Notes  Federal employee acting in line of duty may also be acting in line of duty under state tort liability law. 643 F. Supp. 593 (1986).  Act should be liberally construed to effectuate its purpose. 51 H. 293, 459 P.2d 378 (1969).
HI Rev Stat § 662-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-3 Jurisdiction.

  §662-3 Jurisdiction. The circuit courts of the State and, except as otherwise provided by statute or rule, the state district courts shall have original jurisdiction of all tort actions on claims against the State, for money damages, accruing on and after July 1, 1957, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the State while acting within the scope of the employee's office or employment. [L 1957, c 312, pt of §1; Supp, §245A-3; HRS §662-3; am L 1978, c 156, §2; am L 1984, c 135, §3; am L 2015, c 35, §20] Case Notes  Does not bar U.S. government from bringing claim for contribution against State in federal court. 643 F. Supp. 593 (1986).  Nothing in the language of this section and §661-1 suggests that Hawaii intended to subject itself to suit in federal court. 950 F. Supp. 2d 1159 (2013).  Where plaintiffs seek injunction for unconstitutional acts and damages, sovereign immunity bars suit. 68 H. 192, 708 P.2d 129 (1985), cert. denied, 476 U.S. 1169 (1986).
HI Rev Stat § 662-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-4 Statute of limitations.

  §662-4 Statute of limitations. A tort claim against the State shall be forever barred unless action is begun within two years after the claim accrues, except in the case of a medical tort claim when the limitation of action provisions set forth in section 657-7.3 shall apply. [L 1957, c 312, pt of §1; Supp, §245A-4; HRS §662-4; am L 1976, c 219, §16] Case Notes  Claim accrues when the plaintiff knew or should have known that an actionable wrong has been committed. 63 H. 117, 621 P.2d 957 (1980).  Minority tolling not applicable. 72 H. 77, 806 P.2d 957 (1991).  Plaintiff's lack of knowledge regarding a legal duty, the breach of which may have caused plaintiff's injury, did not justify application of "discovery rule"; plaintiff's failure to seek legal advice from an attorney did not toll statute of limitations. 81 H. 391, 917 P.2d 718 (1996).  Counties do not fall within the ambit of the State Tort Liability Act; §46-72 is the statute of limitations applicable to actions against the counties. 104 H. 341, 90 P.3d 233 (2004).  Where plaintiffs' claim did not accrue until the quantum of the medical care they actually received exceeded the medical-rehabilitative limit set forth in §431:10C-306(b)(2) (1993), and plaintiff apparently exceeded that limit, this section afforded plaintiffs two years from the accrual of their claim within which to file their lawsuit; as plaintiffs' claim had accrued by the time they filed their complaint but not more than two years prior, the complaint was timely under this section; thus, trial court properly denied defendant's motion to dismiss. 113 H. 459, 153 P.3d 1144 (2007).  Where §46-72 (2006) created a class of tort claimants, injured by the conduct of a county, who were subject to a six-month statute of limitations period for filing their complaint, and victims of injuries caused by the State under this section had a two-year limitation period, and there was no rational basis to support such disparate treatment, §46-72 (2006) was unconstitutional under article I, §5 of the Hawaii constitution. 115 H. 1, 165 P.3d 247 (2007).  Continuing-tort exception, which tolls running of statute of limitations under this section, adopted; thus, where an actor continuously diverts water over which he or she has direct control onto another's land, and the diversion causes continuous and substantial damage to that person's property and the actor knows of this damage, such an act may present evidence of a continuous tort. 88 H. 241 (App.), 965 P.2d 783 (1998).
HI Rev Stat § 662-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-5 Jury.

  §662-5 Jury. Any action against the State under this chapter shall be tried by the court without a jury; provided that the court, with the consent of all the parties, may order a trial with a jury whose verdict shall have the same effect as if trial by jury had been a matter of right. [L 1957, c 312, pt of §1; Supp, §245A-5; HRS §662-5; am L 1979, c 152, §2] Case Notes  This section held not to entitle county of Hawaii to nonjury trial. 57 H. 656, 562 P.2d 436 (1977).  Consent to trial cannot be involuntary or implied. 6 H. App. 582, 733 P.2d 1224 (1987).  Read together, this section acts as a limitation on the general state tort liability waiver found in §662-2, and the general waiver thus does not provide a right to a jury trial for tort actions against state entities; therefore, the circuit court did not err in independently determining the state hospital's liability, resulting in joint and several damages different from those "awarded" by the jury. 127 H. 325 (App.), 278 P.3d 382 (2012).  Read together with this section, §663-10.9(3) requires the imposition of joint and several liability only as adjudicated by the court, not the jury; having determined that the state hospital's individual degree of negligence was more than twenty-five per cent, the circuit court properly awarded joint and several damages against the hospital to the full extent that the court determined patient's injuries to arise out of the subject incident, and therefore complied with §663-10.9(3). 127 H. 325 (App.), 278 P.3d 382 (2012).
HI Rev Stat § 662-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-6 Pleadings, trial and appeal.

  §662-6 Pleadings, trial and appeal. [(a)] The Hawaii rules of civil procedure and the district court rules of civil procedure as applicable shall be followed in any action under this chapter. A certified copy of all pleadings shall be duly served on the attorney general.  (b) Section 661-2 shall apply to actions under this chapter. [L 1957, c 312, pt of §1; Supp, §245A-6; HRS §662-6; am L 1972, c 164, §2(b); am L 1978, c 156, §3; am L 2017, c 12, §70] Note  Section 661-9 referred to in text is repealed.
HI Rev Stat § 662-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-7 Attorney general.

  §662-7 Attorney general. The State shall be represented by the attorney general of the State in all actions under this chapter. [L 1957, c 312, pt of §1; Supp, §245A-7; HRS §662-7]
HI Rev Stat § 662-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-8 Interest.

  §662-8 Interest. On all final judgments rendered against the State in actions instituted under this chapter, interest shall be computed at the rate of four per cent a year from the date of judgment up to, but not exceeding, thirty days after the date of approval of any appropriation act providing for payment of the judgment. [L 1957, c 312, pt of §1; Supp, §245A-8; HRS §662-8] Attorney General Opinions  Implies that judgments against State not funded by agency budgets. Att. Gen. Op. 85-8. Case Notes  Trial court did not err in concluding that the State was immune from paying more than four per cent per annum post-judgment interest on the plaintiffs' damages; as State appealed from trial court's judgment and thus interest began to accrue "after the judgment on appeal", trial court did not err in concluding that post-judgment interest on the plaintiffs' damages began to accrue on that date. 105 H. 104, 94 P.3d 659 (2004).  Applicable to judgments against State; interest accrues from entry of final appellate judgment. 6 H. App. 70, 708 P.2d 829 (1985), aff'd, 68 H. 220, 708 P.2d 824 (1985).
HI Rev Stat § 662-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-9 Costs.

  §662-9 Costs. In an action under this chapter, court costs and fees as set by law may be allowed to the prevailing party. [L 1957, c 312, pt of §1; Supp, §245A-9; HRS §662-9; am L 1972, c 164, §2(c); am L 1979, c 152, §3] Case Notes  This section and §662-12 not inconsistent as to attorney's fees. 51 H. 540, 465 P.2d 580 (1970).
HI Rev Stat § 662-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-10 Judgment as bar.

  §662-10 Judgment as bar. The judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the State whose act or omission gave rise to the claim. [L 1957, c 312, pt of §1; Supp, §245A-10; HRS §662-10] Case Notes  Where plaintiff alleged that plaintiff was sexually assaulted by a youth correctional officer while plaintiff was a minor ward detained at a youth correctional facility, this section did not bar plaintiff from obtaining contemporaneous judgments from defendant in defendant's individual capacity and from the State; to the extent that recovery against the State was predicated on the alleged negligence of defendant's superiors in hiring, supervising, training, and retaining defendant, such a claim did not involve "the same subject matter" as the intentional tort claims against defendant. 133 H. 453, 331 P.3d 431 (2014).
HI Rev Stat § 662-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-11 Compromise.

  §662-11 Compromise. (a) The attorney general may arbitrate, compromise, or settle any claim cognizable under this chapter.  (b) Claims arbitrated, compromised, or settled by the attorney general for an amount not exceeding $25,000, shall be paid from the state risk management revolving fund. Claims arbitrated, compromised, or settled by the attorney general for more than $25,000 shall be paid only after funds are appropriated by the legislature for the payment of those claims. [L 1957, c 312, pt of §1; Supp, §245A-11; am L 1967, c 232, §1; HRS §662-11; am L 1988, c 336, §1; am L 1990, c 117, §3; am L 2019, c 118, §3] Cross References  State risk management revolving fund, see §41D-4.
HI Rev Stat § 662-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-12 Attorney's fees.

  §662-12 Attorney's fees. The court rendering a judgment for the plaintiff pursuant to this chapter or the attorney general making a disposition pursuant to section 662-11 may, as a part of such judgment, award, or settlement, determine and allow reasonable attorney's fees which shall not, however, exceed twenty-five per cent of the amount recovered and shall be payable out of the judgment awarded to the plaintiff; provided that such limitation shall not include attorney's fees and costs that the court may award the plaintiff as a matter of its sanctions. [L 1957, c 312, pt of §1; Supp, §245A-12; HRS §662-12; am L 1979, c 152, §4] Case Notes  Attorney's fee may be awarded in addition to judgment. 51 H. 540, 465 P.2d 580 (1970).  Trial court has discretion in awarding attorney's fees. 54 H. 611, 513 P.2d 487 (1973).  Mentioned: 76 H. 487, 879 P.2d 1070 (1994).
HI Rev Stat § 662-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-13 No awards except upon legal evidence.

  §662-13 No awards except upon legal evidence. In no case shall any liability be implied against the State, and no award shall be made against the State except upon such legal evidence as would establish liability against an individual or corporation. [L 1957, c 312, pt of §1; Supp, §245A-13; HRS §662-13]
HI Rev Stat § 662-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-14 Exclusiveness of remedy.

  §662-14 Exclusiveness of remedy. The authority of the State or any state agency to sue and be sued in its own name shall not be construed to authorize any other actions against the State or such agency on claims for torts of its employees, and the rights and remedies provided by this chapter and section 661-11 shall be exclusive. [L 1957, c 312, pt of §1; Supp, §245A-14; HRS §662-14; am L 1972, c 164, §2(d)]
HI Rev Stat § 662-17 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-17 Benefits and obligations of parents of minor employees.

  §662-17 Benefits and obligations of parents of minor employees. All benefits and obligations conferred or imposed upon employees of the State by this chapter are conferred or imposed upon the parents or legal guardians of the employee when the employee is a minor. [L 1988, c 174, §1]
HI Rev Stat § 662-18 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|662. State Tort Liability Act|662-18 Conclusive presumptions; unexploded ordnance on Kaho €˜olawe and in the ocean adjacent to Kaho €˜olawe.

 §662-18 Conclusive presumptions; unexploded ordnance on Kaho €˜olawe and in the ocean adjacent to Kaho €˜olawe. (a) The State shall have a duty to warn persons who enter the Kaho €˜olawe island reserve specifically of the dangers posed by unexploded ordnance on the island or in the adjacent ocean.  (b) A sign, signs, or other device warning of the dangers posed by unexploded ordnance on the island or in the adjacent ocean shall be conclusively presumed to be legally adequate to warn of those dangers if:  (1) The State posts the sign, signs, or other device on the island; and  (2) The design and placement of the sign, signs, or other device is approved by the Kaho €˜olawe island reserve commission.  (c) Prior to approving the design and placement of a warning sign, signs, or device under this section, the Kaho €˜olawe island reserve commission shall:  (1) Consider the needs of the public to be warned of the dangers posed by unexploded ordnances on the island and in its adjacent ocean; and  (2) Consult the task force on warning signs and devices for the Kaho €˜olawe island reserve.  The Kaho €˜olawe island reserve commission may seek the advice of the United States Navy or other agency of the United States of America with respect to the appropriate design of warning signs or devices and their placement. The Kaho €˜olawe island reserve commission may require warning signs or devices in addition to the signage before approving the design and placement of a warning sign or device.  (d) Approval of the design and placement of a warning sign or device under this section shall be a discretionary function under section 662-15(1).  (e) If a warning sign or device posted or established in accordance with this section is vandalized, otherwise removed, or made illegible, the conclusive presumption provided by subsection (b) shall continue for a period of ten days from the date that the vandalism, removal, or illegibility is discovered by the State. The Kaho €˜olawe island reserve commission shall maintain a record regarding each report of vandalism, removal, or illegibility that results in the replacement of a warning sign or device on the island of Kaho €˜olawe. The record shall include the date and time of the report and of the replacement of the warning sign or device.  (f) Chapter 91 shall not apply to any action taken, or any procedure followed by the Kaho €˜olawe island reserve commission pursuant to this section. [L 2002, c 218, §2]