Hawaii 2022 Regular Session

Hawaii House Bill HB2079

Introduced
1/26/22  

Caption

Relating To Sovereign Immunity.

Impact

This bill has significant implications for personal injury claims connected with COVID-19, as it retroactively removes any waiver of sovereign immunity that may have previously existed with respect to such claims. By ensuring that individuals cannot hold the state accountable under this context, the legislation aims to protect state resources and fiscal integrity during a time when many claims could flood legal systems due to the pandemic.

Summary

House Bill 2079, titled 'Relating to Sovereign Immunity,' seeks to clarify the application of sovereign immunity concerning claims related to the coronavirus disease 2019 (COVID-19) and its variants. Specifically, the bill states that sovereign immunity is not waived for claims arising from acts or omissions that could be linked to individuals contracting COVID-19. This measure aims to provide legal protections for the state and its employees against lawsuits alleging that wrongful actions contributed to the spread or contraction of COVID-19.

Contention

Notable points of contention surrounding HB 2079 include concerns from advocacy groups and individuals regarding accountability for state actions during the pandemic. Critics argue that the limitations imposed by the bill could prevent legitimate claims from being heard, thereby limiting recourse for those who may have been adversely affected by state actions or negligence during public health emergencies. The retroactive application of the bill, dating back to January 1, 2020, adds to these concerns as it could close the door on claims that individuals might have felt were valid under earlier laws.

Companion Bills

HI SB3047

Same As Relating To Sovereign Immunity.

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