Bill Text: HI HB1023 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Professionally Licensed Or Certified Government Employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB1023 Detail]

Download: Hawaii-2018-HB1023-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1023
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PROFESSIONALLY LICENSED OR CERTIFIED GOVERNMENT EMPLOYEES.

 

 

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

 

     SECTION 1.  The legislature finds that the recent decision in Slingluff v. State, 317 P.3d 683 (Haw. Ct. App. 2013), created a distinction between medical discretion and governmental discretion for physicians who are employed by the State of Hawaii, unnecessarily putting state-employed professionals, who are acting in the course and scope of their employment, at personal monetary risk.

     Therefore, the purpose of this Act is to:  mitigate that personal risk by recognizing what is inherent in the State Tort Liability Act; and clarify that irrespective of whether a professionally licensed or certified employee of the State exercises governmental discretion or the employee's professional judgment while acting within the scope of the employee's office or employment, the State, as provided in sections 662-2 and 662-3, Hawaii Revised Statutes, has waived its immunity from liability and shall be exclusively liable for all tort actions on claims for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of professionally licensed or certified employees of the State.

     The legislature finds that the provisions of this Act are necessary and appropriate to enable the State to continue to attract and hire employees who are professionally licensed or certified to perform services that are essential to good government.

     SECTION 2.  Section 662-14, Hawaii Revised Statutes, is amended to read as follows:

     "§662-14  Exclusiveness of remedy.  (a)  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,] cognizable under this chapter, and the rights and remedies provided by this chapter and section 661-11 shall be exclusive.

     (b)  The remedy against the State provided by this chapter and section 661-11 for injury or loss of property, or personal injury or death, arising or resulting from the negligent or wrongful act or omission of any professionally licensed or certified employee of the State while acting within the scope of the employee's office or employment shall be exclusive.  Any civil action or proceeding for money damages arising out of or relating to the same subject matter against the employee or the employee's estate shall be precluded without regard to when the act or omission occurred.  When an employee is named in an individual capacity, the State may notify all parties in writing that the State is invoking exclusive liability; and the action or proceeding shall thereafter proceed against the State alone."

     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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Professionally Licensed or Certified Government Employees; Tort Liability; Exclusive Liability

 

Description:

Clarifies that the State shall be exclusively liable for claims for injury or loss of property, or personal injury or death, resulting from the negligent or wrongful act or omission of any professionally licensed or certified employee of the State while acting within the scope of the employee's office or employment.  Establishes that any civil action or proceeding for money damages arising out of or related to the same subject matter against the employee shall be precluded.

 

 

 

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