Hawaii 2025 Regular Session

Hawaii House Bill HB166

Introduced
1/16/25  
Refer
1/21/25  
Report Pass
2/13/25  

Caption

Relating To The Defense Of State Employees.

Impact

If enacted, HB166 could significantly affect the rights and protections of state employees under civil law. By codifying the State's responsibility to defend its employees, it ensures that individuals acting within the scope of their professional duties won't face civil suits alone, provided their conduct meets the outlined criteria. The introduction of a process for transferring representation in cases where the Attorney General declines to defend could also lead to improved protections for employees, allowing them some agency in their legal representation.

Summary

House Bill 166 aims to clarify the defense obligations of the State of Hawaii towards its professionally licensed or certified employees in civil actions. The legislation emphasizes that the State has a duty to defend these employees if their actions during the scope of employment were not grossly negligent or wanton. Additionally, it establishes a framework wherein employees can seek their own legal counsel at their expense if the State declines to represent them. This bill seeks to address the gaps left by Act 44, which previously defined personal liability parameters but fell short on defense clarifications.

Sentiment

General sentiment around HB166 appears to lean towards support from stakeholders who value state employee protections and clarity in legal processes. Supporters argue that this legislative move enhances the morale and security of employees, encouraging them to perform their duties without fear of personal liability. Conversely, there may be opponents concerned about the costs involved and the potential for misuse of the defense obligation, though these views are not prominently reflected in the existing discussions around the bill.

Contention

Notable points of contention include the bill's provisions for the Attorney General's withdrawal of representation. The requirement for confidential handling of motions to withdraw may raise transparency issues. Furthermore, the language regarding what constitutes 'gross negligence' may lead to legal ambiguities and disputes regarding the extent of the State’s obligations. Stakeholders may raise concerns regarding the mechanisms of accountability if misrepresentation or failure to comply with the statute occurs.

Companion Bills

HI SB336

Same As Relating To The Defense Of State Employees.

Similar Bills

HI SB336

Relating To The Defense Of State Employees.

HI SB2520

Relating To The Defense Of State Employees.

HI SB779

Relating To The Defense Of State Employees.

HI HB2699

Relating To The Defense Of State Employees.

ME LD2219

An Act to Implement the Recommendations Regarding the Maine Commission on Public Defense Services

OH HB184

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DC B25-0408

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CA SB1109

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