Relating To The Defense Of State Employees.
The bill introduces significant modifications to Chapter 662 of the Hawaii Revised Statutes to ensure that professionally licensed or certified state employees receive legal protection and support in civil legal actions related to their professional conduct. This move aims to instill confidence among state employees that they will not face personal liability solely due to their professional responsibilities, thus potentially influencing their decision-making and risk-taking in the public interest.
House Bill 2699 seeks to establish and clarify the duty of the State of Hawaii to defend its professionally licensed or certified employees against civil actions. This legislation arises from the previous unclear provisions in Act 44, which initially addressed personal liability but did not specify the conditions under which state employees could receive a defense from the state. HB2699 intends to explicitly state that the State must provide legal defense for employees if their actions were within the scope of their employment and not the result of gross negligence or wanton conduct, provided that the employee is cooperating with the defense.
One notable aspect of the bill is the provision that allows state employees to hire their own attorney at their own expense if they wish. Additionally, if the State (represented by the Attorney General) declines to defend an employee due to certain grounds such as gross negligence, the Attorney General is obligated to file a motion to withdraw as counsel to ensure transparency and appropriate legal proceedings. This could raise questions regarding the criteria that qualify as gross negligence, leading to discussions about how these determinations are made and their implications on state employees.
Upon enactment, these protections will take effect immediately, affirming the State's commitment to defend its employees against civil actions that arise from the lawful execution of their jobs. Furthermore, the statute stipulates that this new act does not retroactively affect any existing cases or duties incurred prior to its approval, ensuring that previously established rights and penalties remain intact.