Bill Text: HI HB2699 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Defense Of State Employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-26 - Referred to JHA, FIN, referral sheet 3 [HB2699 Detail]
Download: Hawaii-2024-HB2699-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2699 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the defense of state employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to:
(1) Declare that the State shall have a duty to defend professionally licensed or certified state employees from civil actions when the employee's actions were within the scope of employment and were not grossly negligent or wanton, as long as the employee is cooperating with the State's defense;
(2) Clarify that professionally licensed or certified state employees may employ their own attorney at the employee's own expense; and
(3) Require that if the State declines to defend any state employee from a civil action on certain grounds when the State would generally do so, the attorney general shall file a motion to withdraw as counsel.
SECTION 2. Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§662-
Defense of state
employees; professionally licensed; certified; decision not to defend. (a) The attorney general, on behalf of the State,
shall defend any civil action or proceeding brought in any court against any
professionally licensed or certified employee of the State for damage to
property or personal injury, including death, resulting from the act or
omission of the professionally licensed or certified state employee while
acting within the scope of the employee's employment; provided that the
attorney general shall have no obligation to defend when the civil action or
proceeding results from the professionally licensed or certified state
employee's gross negligence or wanton act or omission, or if the employee does
not provide all information and assistance that the attorney general deems
necessary to the defense of the employee.
(b) The professionally licensed or certified state employee may employ an attorney at the employee's own expense, in lieu of the attorney general, to defend any civil action or proceeding brought in any court against the employee.
(c)
If the attorney general declines to
defend a civil action or proceeding against a state employee on the grounds
that the civil action or proceeding results from the employee's gross
negligence or wanton act or omission or that the employee will not provide all
information and assistance that the attorney general deems necessary, and the
employee would otherwise be entitled to representation by the attorney general,
the attorney general shall file a motion to withdraw as counsel not less than thirty
days before the close of discovery in the action or proceeding.
(d) Any motion to withdraw as counsel, and all related
pleadings, records, notices, exhibits, and other evidence regarding the motion,
shall be designated as confidential and shall be submitted by means of a confidential
information form or other appropriate manner pursuant to court rule.
(e) After the motion to withdraw as counsel is
filed, the employee shall have not less than thirty days to respond to the
motion.
(f) Upon the attorney general's motion to
withdraw as counsel, the court shall conduct a hearing regarding the attorney
general's duty to defend the employee in the civil action or proceeding.
(g) At any proceeding regarding the motion to withdraw as counsel, only the court, court personnel, attorney general, employees of and counsel retained by the department of the attorney general, employee, and employee's attorney, if retained, and other individuals approved by the court may be present."
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.
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INTRODUCED BY: |
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Report Title:
State Employees; Professionally Licensed; Certified; Duty to Defend
Description:
Requires the State to defend professionally licensed or certified state employees from civil actions when the employee was acting within the scope of their employment and was not grossly negligent or wanton, or failing to cooperate. Clarifies that the employee may employ their own attorney at the employee's own expense. Requires that if the State refuses to defend a state employee from civil actions on certain grounds, the Attorney General shall file a motion to withdraw as counsel.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
