STAND. COM. REP. NO.  1137

Honolulu, Hawaii

                , 2017

RE:   S.B. No. 889

      S.D. 2

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Labor & Public Employment, to which was referred S.B. No. 889, 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 clarify personal tort liability of professionally licensed or certified employees of the State by:

     (1)  Clarifying that the State shall be exclusively liable for civil tort claims resulting from the negligent or wrongful act or omission of a professionally licensed or certified employee of the State acting within the scope of the employee's office or employment;

     (2)  Precluding civil actions or proceedings for money damages against the employee when the State agrees to assume full responsibility, except for claims based on liability other than an employee's scope of employment with the State or employment with an employer other than the State; and

     (3)  Clarifying liability when the State agrees to assume full or partial responsibility in a civil action against a professionally licensed or certified employee.

The Department of Accounting and General Services; Department of Public Safety; Department of Health; Department of Taxation; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and one individual testified in support of this measure.  The Department of the Attorney General and Hawaii Association for Justice provided comments.

     Your Committee has amended this measure by:

     (1)  Clarifying language allocating liability to the State and the employee so that the State is not required to assume full liability for all damages caused by an employee, who shall remain personally liable for damages not assumed by the State, including for claims arising from employment with a non-State employer; and

     (2)  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. 889, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 889, 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,

____________________________

AARON LING JOHANSON, Chair