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:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ DAVID A. TARNAS Co-Chair	____________________________ HENRY J.C. AQUINO Chair
____________________________ LISA KITAGAWA Co-Chair	____________________________ KARL RHOADS Co-Chair
	____________________________ DRU KANUHA Co-Chair