STAND. COM. REP. NO. 1009-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 886

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 886 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 amend the law relating to personal liability requirements 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 course and scope of the employee's office or employment if the State agrees to be fully liable; and

(2) Precluding civil actions or proceedings for money damages against the employee, except for claims arising from employment with an employer other than the State.

Your Committee received testimony in support of this measure from the Department of the Attorney General, Department of Human Services, and Hawaii Association for Justice. Your Committee received comments on this measure from the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.

Your Committee has amended this measure by changing the effective date to July 1, 2050, to encourage further discussion.

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 H.B. No. 886, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 886, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

SYLVIA LUKE, Chair