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,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair