SB 336: AG; State Employees; Professionally Licensed; Certified; Duty to Defend
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-04-25
Current Status:
In Progress
(2025-05-29: Act 120, on 05/29/2025 (Gov. Msg. No. 1220).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill requires the attorney general to defend state employees who hold professional licenses or certifications in civil lawsuits for acts or omissions that occurred while working, unless the employee was grossly negligent, committed a wanton (extremely careless) act, or failed to cooperate. It also lets those employees hire their own lawyer at their own expense, and requires the attorney general to try to transfer representation to the employee’s chosen counsel or, if needed, file a confidential motion to withdraw.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Requires the Attorney General, on behalf of the State, to defend professionally licensed or certified state employees from civil actions or proceedings, under certain circumstances. Clarifies that the employee may employ their own attorney at the employee's own expense. Establishes a process for the Attorney General to transfer or withdraw representation if the Attorney General declines to defend the employee. (CD1)
Requires the State to defend professionally licensed or certified state employees from civil actions or proceedings, under certain circumstances. Clarifies that the employee may employ their own attorney at the employee's own expense. Establishes a process for the Attorney General to transfer or withdraw representation if the Attorney General declines to defend the employee. Effective 7/1/3000. (HD1)
Requires the State to defend professionally licensed or certified state employees from civil actions or proceedings, under certain circumstances. Clarifies that the employee may employ their own attorney at the employee's own expense. Establishes a process for the Attorney General to transfer or withdraw representation if the Attorney General declines to defend the employee.
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THE SENATE |
S.B. NO. |
336 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
C.D. 1 |
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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:
SECTION 1. The legislature finds that Act 44, Session Laws of Hawaii 2022 (Act 44), clarified the personal liability requirements for professionally licensed or certified employees of the State. However, the legislature notes that Act 44 did not clarify the circumstances under which the State has a duty to defend professionally licensed or certified state employees. Act 44 also did not establish a procedure that would allow the attorney general to confidentially withdraw from representing a professionally licensed or certified state employee. The legislature believes that the prejudice that the professionally licensed or certified state employee would suffer from the public disclosure of the attorney general's reasons for withdrawing from representation outweighs the public's right to access said information.
Accordingly, the purpose of this Act is to:
(1) Declare that the State has 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 attorneys at their own expense;
(3) Require the attorney general to work with the professionally licensed or certified state employee to amicably transfer representation to the successor counsel chosen by the employee if the State declines to defend the employee from a civil action on certain grounds; and
(4) Require the attorney general to file a confidential motion to withdraw as counsel if the attorney general and professionally licensed or certified state employee cannot amicably transfer representation to the successor 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 professionally licensed or certified state employees; 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 professionally licensed or certified state employee who was acting within the scope of the employee's employment 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 is not providing all information and assistance that the attorney general deems necessary, the attorney general shall work with the professionally licensed or certified state employee to amicably transfer representation to the successor counsel chosen by the professionally licensed or certified state employee.
(d) If the attorney general and the professionally licensed or certified state employee cannot amicably transfer representation to the successor counsel, 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.
(e) 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 rules.
(f) After the attorney general's motion to withdraw as counsel is filed, the professionally licensed or certified state employee shall have not less than thirty days to respond to the motion.
(g) Upon the filing of the attorney general's motion to withdraw as counsel, the court shall conduct a hearing regarding the attorney general's duty to defend the professionally licensed or certified state employee in the civil action or proceeding.
(h) 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, professionally licensed or certified state employee and the 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 on July 1, 2025.
Report Title:
AG; State Employees; Professionally Licensed; Certified; Duty to Defend
Description:
Requires the Attorney General, on behalf of the State, to defend professionally licensed or certified state employees from civil actions or proceedings, under certain circumstances. Clarifies that the employee may employ their own attorney at the employee's own expense. Establishes a process for the Attorney General to transfer or withdraw representation if the Attorney General declines to defend the employee. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
336 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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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:
SECTION 1. The legislature finds that Act 44, Session Laws of Hawaii 2022 (Act 44), clarified the personal liability requirements for professionally licensed or certified employees of the State. However, the legislature notes that Act 44 did not clarify the circumstances under which the State has a duty to defend professionally licensed or certified state employees. Act 44 also did not establish a procedure that would allow the attorney general to confidentially withdraw from representing a professionally licensed or certified state employee. The legislature believes that the prejudice that the professionally licensed or certified state employee would suffer from the public disclosure of the attorney general's reasons for withdrawing from representation outweighs the public's right to access said information.
Accordingly, the purpose of this Act is to:
(1) Declare that the State has 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 attorneys at their own expense;
(3) Require the attorney general to work with the professionally licensed or certified state employee to amicably transfer representation to the successor counsel chosen by the employee if the State declines to defend the employee from a civil action on certain grounds; and
(4) Require the attorney general to file a confidential motion to withdraw as counsel if the attorney general and professionally licensed or certified state employee cannot amicably transfer representation to the successor 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 professionally licensed or certified state employees; 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 professionally licensed or certified state employee who was acting within the scope of the employee's employment 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 is not providing all information and assistance that the attorney general deems necessary, the attorney general shall work with the professionally licensed or certified state employee to amicably transfer representation to the successor counsel chosen by the professionally licensed or certified state employee.
(d) If the attorney general and the professionally licensed or certified state employee cannot amicably transfer representation to the successor counsel, the attorney general shall file a motion to withdraw as counsel no less than thirty days before the close of discovery in the action or proceeding.
(e) 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.
(f) After the attorney general's motion to withdraw as counsel is filed, the professionally licensed or certified state employee shall have no less than thirty days to respond to the motion.
(g) 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 professionally licensed or certified state employee in the civil action or proceeding.
(h) 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, professionally licensed or certified state employee and the 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 on July 1, 3000.
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 or proceedings, under certain circumstances. Clarifies that the employee may employ their own attorney at the employee's own expense. Establishes a process for the Attorney General to transfer or withdraw representation if the Attorney General declines to defend the employee. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
336 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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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:
SECTION 1. The legislature finds that Act 44, Session Laws of Hawaii 2022 (Act 44), clarified the personal liability requirements for professionally licensed or certified employees of the State. However, the legislature notes that Act 44 did not clarify the circumstances under which the State has a duty to defend professionally licensed or certified state employees. Act 44 also did not establish a procedure that would allow the attorney general to confidentially withdraw from representing a professionally licensed or certified state employee. The legislature believes that the prejudice that the professionally licensed or certified state employee would suffer from the public disclosure of the attorney general's reasons for withdrawing from representation outweighs the public's right to access said information.
Accordingly, the purpose of this Act is to:
(1) Declare that the State has 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 attorneys at their own expense;
(3) Require the attorney general to work with the professionally licensed or certified state employee to amicably transfer representation to the successor counsel chosen by the employee if the State declines to defend the employee from a civil action on certain grounds; and
(4) Require the attorney general to file a confidential motion to withdraw as counsel if the attorney general and professionally licensed or certified state employee cannot amicably transfer representation to the successor 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 professionally licensed or certified state employees; 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 professionally licensed or certified state employee who was acting within the scope of the employee's employment 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 is not providing all information and assistance that the attorney general deems necessary, the attorney general shall work with the professionally licensed or certified state employee to amicably transfer representation to the successor counsel chosen by the professionally licensed or certified state employee.
(d) If the attorney general and the professionally licensed or certified state employee cannot amicably transfer representation to the successor counsel, 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.
(e) 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.
(f) After the attorney general's motion to withdraw as counsel is filed, the professionally licensed or certified state employee shall have not less than thirty days to respond to the motion.
(g) 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 professionally licensed or certified state employee in the civil action or proceeding.
(h) 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, professionally licensed or certified state employee and the 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 or proceedings, under certain circumstances. Clarifies that the employee may employ their own attorney at the employee's own expense. Establishes a process for the Attorney General to transfer or withdraw representation if the Attorney General declines to defend the employee.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| May 29, 2025 | Act 120, on 05/29/2025 (Gov. Msg. No. 1220). |
| May 29, 2025 | Act 120, 05/29/2025 (Gov. Msg. No. 1220). |
| May 2, 2025 | Enrolled to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 25, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 142) as amended in (CD 1). |
| Apr 25, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 142). |
| Apr 25, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Kitagawa, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 25, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Aquino, Rhoads, Kanuha, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 24, 2025 | Conference committee meeting to reconvene on 04-25-25 10:15AM; Conference Room 016. |
| Apr 22, 2025 | Conference committee meeting scheduled for 04-24-25 10:16AM; Conference Room 016. |
| Apr 22, 2025 | Received notice of Senate conferees (Sen. Com. No. 860). |
| Apr 22, 2025 | Senate Conferees Appointed: Aquino Chair; Rhoads, Kanuha Co-Chairs; Fevella. |
| Apr 21, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 754). |
| Apr 17, 2025 | House Conferees Appointed: Tarnas, Kitagawa Co-Chairs; Shimizu. |
| Apr 10, 2025 | Received notice of disagreement (Sen. Com. No. 779). |
| Apr 10, 2025 | Senate disagrees with House amendments. |
| Apr 10, 2025 | Received from House (Hse. Com. No. 642). |
| Apr 8, 2025 | Passed Third Reading as amended in HD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Marten excused (2). Transmitted to Senate. |
| Apr 4, 2025 | Forty-eight (48) hours notice Tuesday, 04-08-25. |
| Apr 4, 2025 | Reported from FIN (Stand. Com. Rep. No. 2016) as amended in HD 1, recommending passage on Third Reading. |
| Mar 31, 2025 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 14 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Holt, Ward. |
| Mar 28, 2025 | Bill scheduled to be heard by FIN on Monday, 03-31-25 3:15PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Mar 18, 2025 | Passed Second Reading and referred to the committee(s) on FIN with Representative(s) Muraoka voting aye with reservations; none voting no (0) and Representative(s) Cochran, Ward excused (2). |
| Mar 18, 2025 | Reported from JHA (Stand. Com. Rep. No. 1293), recommending passage on Second Reading and referral to FIN. |
| Mar 11, 2025 | The committee on JHA recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Mar 7, 2025 | Bill scheduled to be heard by JHA on Tuesday, 03-11-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to JHA, FIN, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 136). |
| Mar 4, 2025 | Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | One Day Notice 03-04-25. |
| Feb 28, 2025 | Reported from JDC/WAM (Stand. Com. Rep. No. 929) with recommendation of passage on Third Reading. |
| Feb 26, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 26, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 21, 2025 | The committee(s) on JDC/WAM will hold a public decision making on 02-26-25 10:05AM; Conference Room 211 & Videoconference. |
| Feb 10, 2025 | Report adopted; Passed Second Reading and referred to JDC/WAM. |
| Feb 10, 2025 | Reported from LBT (Stand. Com. Rep. No. 197) with recommendation of passage on Second Reading and referral to JDC/WAM. |
| Jan 31, 2025 | The committee(s) on LBT recommend(s) that the measure be PASSED, UNAMENDED. The votes in LBT were as follows: 4 Aye(s): Senator(s) Aquino, Lee, C., Ihara, Moriwaki; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Jan 28, 2025 | The committee(s) on LBT has scheduled a public hearing on 01-31-25 3:00PM; Conference Room 224 & Videoconference. |
| Jan 21, 2025 | Referred to LBT, JDC/WAM. |
| Jan 15, 2025 | Introduced and passed First Reading. |
| Jan 14, 2025 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
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| Apr 8, 2025 | Third Reading | House Floor |
Passed |
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| Mar 31, 2025 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Finance |
Passed |
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| Mar 11, 2025 | The committee on JHA recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
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| Feb 26, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Ways and Means |
Passed |
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| Feb 26, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Judiciary |
Passed |
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| Jan 31, 2025 | The committee(s) on LBT recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Labor and Technology |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO | ** Support | |
| Hawaii Association for Justice | ** Support | |
| HAWAII GOVERNMENT EMPLOYEES ASSOCIATION | *** Support | Jan 31, 2025 |
| Hawaii State AFL-CIO | ** Support | |
| Hawaiʻi State Teachers Association | ** Support | |
| Hawaiʻi State Teachers Association | ** Support |
CONFERENCE COMMITTEE REP. NO. 142
Honolulu, Hawaii
, 2025
RE: S.B. No. 336
H.D. 1
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir and Madam:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 336, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE DEFENSE OF STATE EMPLOYEES,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Require the State to defend professionally licensed or certified state employees from civil actions or proceedings, under certain circumstances;
(2) Clarify that the employee may employ their own attorney at the employee's own expense; and
(3) Establish a process for the Attorney General to transfer or withdraw representation if the Attorney General declines to defend the employee.
Your Committee on Conference finds that professionally licensed or certified state employees require additional protections from liability to take effective, efficient action while exercising their professional judgement in their capacity as public employees. While existing law sets forth the personal liability requirements for these employees, it lacks clarity regarding the circumstances under which the State has a duty to defend them and the conditions and procedures under which the Attorney General may confidentially withdraw representation of the employee. Therefore, this measure establishes a transparent legal representation framework to support public service professionals.
Your Committee on Conference has amended this measure by:
(1) Changing its effective date to July 1, 2025; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 336, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 336, H.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
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ON THE PART OF THE SENATE |
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____________________________ DAVID A. TARNAS Co-Chair |
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____________________________ HENRY J.C. AQUINO Chair |
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____________________________ LISA KITAGAWA Co-Chair |
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____________________________ KARL RHOADS Co-Chair |
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____________________________ DRU KANUHA Co-Chair |
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STAND. COM. REP. NO. 2016
Honolulu, Hawaii
, 2025
RE: S.B. No. 336
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Finance, to which was referred S.B. No. 336 entitled:
"A BILL FOR AN ACT RELATING TO THE DEFENSE OF STATE EMPLOYEES,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Declare that the State has a duty to defend any professionally licensed or certified state employee from civil actions when the employee's actions were within the employee's 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 attorneys at their own expense;
(3) Require the Attorney General to work with the professionally licensed or certified state employee to amicably transfer representation to the successor counsel chosen by the employee if the State declines to defend the employee from a civil action on certain grounds; and
(4) Require the Attorney General to file a confidential motion to withdraw as counsel if the Attorney General and professionally licensed or certified state employee cannot amicably transfer representation to the successor counsel.
Your Committee received testimony in support of this measure from the Hawaii Association for Justice; Hawaii State AFL-CIO; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and Hawaiʻi State Teachers Association.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 336, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 336, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ KYLE T. YAMASHITA, Chair |
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STAND. COM. REP. NO. 1293
Honolulu, Hawaii
, 2025
RE: S.B. No. 336
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 336 entitled:
"A BILL FOR AN ACT RELATING TO THE DEFENSE OF STATE EMPLOYEES,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Declare that the State has 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 attorneys at their own expense;
(3) Require the Attorney General to work with the professionally licensed or certified state employee to amicably transfer representation to the successor counsel chosen by the employee if the State declines to defend the employee from a civil action on certain grounds; and
(4) Require the Attorney General to file a confidential motion to withdraw as counsel if the Attorney General and professionally licensed or certified state employee cannot amicably transfer representation to the successor counsel.
Your Committee received testimony in support of this measure from the Hawaiʻi State Teachers Association; Hawaii State AFL-CIO; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and Hawaii Association for Justice.
Your Committee finds that this measure would further strengthen the legal protections for governmental employees when exercising their professional judgment, which will enable the State to attract and retain qualified employees who may otherwise fear that they would be held personally and financially liable.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 336 and recommends that it pass Second Reading and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 929
Honolulu, Hawaii
RE: S.B. No. 336
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 336 entitled:
"A BILL FOR AN ACT RELATING TO THE DEFENSE OF STATE EMPLOYEES,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Require the State to defend professionally licensed or certified state employees from civil actions or proceedings, under certain circumstances;
(2) Clarify that the employee may employ their own attorney at the employee's own expense; and
(3) Establish a process for the Attorney General to transfer or withdraw representation if the Attorney General declines to defend the employee.
Your Committees received testimony in support of this measure from the Hawaii Government Employees Association, AFSCME Local 52, AFL-CIO; Hawaiʻi State Teachers Association; Hawaii State AFL-CIO; and Hawaii Association for Justice.
Your Committees received testimony in opposition to this measure from two individuals.
Your Committees find that it is necessary to clarify the circumstances under which the State has a duty to defend professionally licensed or certified state employees and establish a procedure allowing the Attorney General to confidentially withdraw from representing a professionally licensed or certified state employee. Requiring the Attorney General's withdrawal to be confidential and a court hearing to be conducted on the duty to defend will protect the integrity of legal proceedings, prevent undue financial burdens for state employees, and ensure the State is appropriately carrying out its responsibilities as an employer. This measure will increase legal protections and allow professionally licensed or certified state employees to exercise their professional judgement with confidence.
As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 336 and recommend that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 197
Honolulu, Hawaii
RE: S.B. No. 336
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Labor and Technology, to which was referred S.B. No. 336 entitled:
"A BILL FOR AN ACT RELATING TO THE DEFENSE OF STATE EMPLOYEES,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Require the Attorney General, on behalf of the State, 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 attorneys at their own expense; and
(3) Establish a process for the Attorney General to transfer or withdraw representation if the Attorney General declines to defend a professionally licensed or certified state employee.
Your Committee received testimony in support of this measure from the Hawaiʻi State Teachers Association; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and Hawaii State AFL-CIO.
Your Committee finds that state employees currently must seek their own counsel should legal issues arise in the course of their assigned duties. This measure will provide legal protections to licensed or certified professional employees when exercising their professional judgment in their capacity as public employees. This additional protection allows professionals to more confidently practice their craft and make effective, efficient decisions independent of outside influences. The transparent process established in this measure for legal representation will also aid the State in attracting and retaining qualified talent in fields where applicants may otherwise fear facing liability.
As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 336 and recommends that it pass Second Reading and be referred to your Committees on Judiciary and Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Labor and Technology,
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________________________________ HENRY J.C. AQUINO, Chair |
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Date
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Testimony PDF
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| Mar 31, 2025 | SB336_TESTIMONY_FIN_03-31-25_.PDF |
| Mar 11, 2025 | SB336_TESTIMONY_JHA_03-11-25_.PDF |
| Feb 25, 2025 | SB336_TESTIMONY_WAM-JDC_02-26-25_.PDF |
| Jan 31, 2025 | SB336_TESTIMONY_LBT_01-31-25_.PDF |
Discussed in Hearing
2MIN
Conference Committee
56SEC
Conference Committee
1MIN
House Standing Committee on Finance
2MIN
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
Senate Standing Committee on Labor and Technology
Bill Author
