STAND. COM. REP. NO.  1107-16

Honolulu, Hawaii

                , 2016

RE:   S.B. No. 2815

      S.D. 2

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Labor & Public Employment, to which was referred S.B. No. 2815, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PROFESSIONALLY LICENSED OR CERTIFIED GOVERNMENT EMPLOYEES,"

begs leave to report as follows:

The purpose of this measure is to:

     (1)  Clarify that the State is 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; and

     (2)  Preclude any civil action or proceeding for money damages arising out of or related to the same subject matter against the employee.

The Department of the Attorney General; Department of Taxation; Department of Public Safety; Department of Accounting and General Services; Department of Transportation; and Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO supported this measure.  The City and County of Honolulu Department of Human Resources and the Hawaii Association for Justice provided comments.  

     Your Committee has amended this measure by:

     (1)  Adding a new section to specify that the counties shall be exclusively liable for the torts of their own professionally licensed or certified employees in the same manner as the State;

     (2)  Changing its effective date to July 1, 2091, to encourage further discussion; and

     (3)  Making technical nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2815, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2815, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

____________________________

MARK M. NAKASHIMA, Chair