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HI SB2815

Bill

Status

Engrossed

3/8/2016

Primary Sponsor

Ronald Kouchi

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Finance3/24/2016
Judiciary3/18/2016
Labor & Public Employment3/10/2016
Judiciary and Labor2/18/2016
Commerce, Consumer Protection, and Health1/27/2016

Full Bill Text

No bill text available