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HI SB2815
Bill
Status
3/8/2016
Primary Sponsor
Ronald Kouchi
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AI Summary
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Establishes that the State and counties shall be exclusively liable for civil tort claims arising from negligent or wrongful acts of their professionally licensed or certified employees acting within the scope of employment.
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Precludes any civil action or proceeding for money damages against the employee or employee's estate for claims arising from the same subject matter, regardless of when the act or omission occurred.
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Allows the State or county to notify all parties in writing that it is invoking exclusive liability, after which the action proceeds against the government entity alone.
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Responds to the Slingluff v. State court decision by clarifying that professionally licensed government employees are protected from personal monetary risk while acting in their official capacity.
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Effective date: July 1, 2091 (note: this appears to be a typographical error, as it is set 75 years in the future).
Legislative Description
Professionally Licensed or Certified Government Employees; Tort Liability; Exclusive Liability
Last Action
Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Kawakami, Kong, Oshiro, Tokioka, Tupola, Woodson excused (6).
3/24/2016