Bill Text: HI HB70 | 2010 | Regular Session | Introduced
Bill Title: Civil Procedure; Limitation of Actions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB70 Detail]
Download: Hawaii-2010-HB70-Introduced.html
Report Title:
Civil Procedure; Limitation of Actions
Description:
Extends the time within which a claim must be brought for coercion into prostitution, drug dealer liability, or sexual offenses against minors. Amends standard of proof in claims for drug dealer liability. Presumes vicarious liability and respondeat superior for an employee or agent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
70 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CIVIL PROCEDURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 657, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§657- Limitation of actions; coercion into prostitution; drug dealer liability; sexual offenses against minors. (a) Notwithstanding any statutory provision to the contrary, a claim based on any of the following causes shall be brought within forty years of the commission of the tort giving rise to the claim:
(1) Liability for coercion into prostitution, under chapter 663J;
(2) Drug dealer liability, under chapter 663E; or
(3) Commission of a sexual offense, as defined in section 846E-1, against a minor.
(b) Vicarious liability and respondeat superior may be alleged and shall be presumed if an employee or agent of an entity is found to be liable in a claim brought under this section.
(c) All fees and costs shall be awarded to any person or plaintiff obtaining an award, judgment, or settlement in a claim brought under this section."
SECTION 2. Section 663E-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [Proof of participation in
the illegal drug market in] In an action brought under this chapter
[shall be shown by clear and convincing evidence. Except as otherwise
provided in this chapter, other], all elements of the cause of
action, including proof of participation in the illegal drug market,
shall be shown by a preponderance of the evidence."
SECTION 3. Section 663E-4, Hawaii Revised Statutes, is repealed.
["[§663E-4] Third party cases.
Notwithstanding any other law to the contrary, no person shall be liable under
this chapter under civil principles of vicarious liability."]
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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