HRS §674-16
State gives up immunity for certain trust damages
This section says the State can be sued for money damages if a state employee mishandled trust resources and caused harm to a person who was supposed to benefit from the trust, but only for problems that happened between August 21, 1959, and June 30, 1988. The waiver does not apply if the claim is already covered by another law, is being or was already sued over, or is based on actions before August 21, 1959.
beneficiariesstate agencies
The statute, as written — Waiver of immunity
(a) The State waives its immunity from liability for actual damages suffered by an individual beneficiary arising out of or resulting from a breach of trust or fiduciary duty, which occurred between August 21, 1959, to June 30, 1988, and was caused by an act or omission of an employee of the State in the management and disposition of trust resources. (b) This waiver shall not apply to the following: (1) Any claim for which a remedy was or is provided elsewhere in or under the laws of the State; (2) Any claim which was or is the subject of prior or pending litigation; or (3) Any claim predicated, in whole or in part, upon any act or omission which occurred prior to August 21, 1959.
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