Hawaii-2016-HB1598-Introduced

HOUSE OF REPRESENTATIVES	H.B. NO.	1598
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

relating to government impoundment or disposal of personal property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§26- Impoundment or disposal of personal property stored on state property; state immunity from civil liability. (a) No state entity shall engage in the impoundment or disposal of personal property stored on state property unless the state entity provides prior written notices thereof to the owner or possessor of the personal property as follows:

(1) A written notice provided no later than seven days in advance of the impoundment or disposal; and

(2) Another written notice provided on the day immediately preceding the date of the impoundment or disposal, but no later than twenty-four hours in advance.

(b) Pursuant to section 662-15(1), the State shall not be liable for the torts of its employees in connection with the impoundment or disposal of personal property stored on state property in accordance with this section.

(c) No state employee shall be liable in any civil action for damage, injury, or loss caused by or resulting from an act or omission of the employee in connection with the impoundment or disposal of personal property stored on state property in accordance with this section; provided that the act or omission:

(1) Occurred within the employee's scope of employment or official duties with the State; and

(2) Did not result from the intentional or wilful and wanton misconduct of the employee.

(d) For the purposes of this section:

"Employee" means:

(1) Any public employee of the State, including a probationary or provisional employee; and

(2) Any employee under contract with the State, including an employee of a contractor or subcontractor undertaking the execution of a contract with the State.

"Impoundment or disposal of personal property stored on state property" means the impoundment or disposal by the State of any tangible personal property that is unlawfully stored on any property owned or controlled by the State."

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

"§46- Impoundment or disposal of personal property stored on county property; county immunity from civil liability. (a) No county entity, including an employee, shall be liable in any civil action for damage, injury, or loss caused by or resulting from an act or omission of an employee in the enforcement of any law that provides for the impoundment or disposal of personal property stored on county property; provided that:

(1) The impoundment or disposal giving rise to the civil action was preceded by prior written notices thereof provided by the appropriate county to the owner or possessor of the personal property and consisting of:

(A) A written notice provided no later than seven days in advance of the impoundment or disposal; and

(B) Another written notice provided on the day immediately preceding the date of the impoundment or disposal, but no later than twenty-four hours in advance; and

(2) The act or omission:

(A) Occurred within the employee's scope of employment or official duties with the county; and

(B) Did not result from the intentional or wilful and wanton misconduct of the employee.

(b) For the purposes of this section:

"Employee" means:

(1) Any public employee of a county, including a probationary or provisional employee; and

(2) Any employee under contract with a county, including an employee of a contractor or subcontractor undertaking the execution of a contract with the county.

"Impoundment or disposal of personal property stored on county property" means the impoundment or disposal, by a county and as provided by law, of any tangible personal property that is unlawfully stored on any property owned or controlled by the county."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________