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HI HB886
Bill
Status
6/17/2022
Primary Sponsor
Scott Saiki
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AI Summary
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Amends Hawaii Revised Statutes Section 662-14 to make the State exclusively liable for civil tort claims arising from negligent or wrongful acts of professionally licensed or certified State employees acting within the course and scope of their employment.
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Precludes civil actions for money damages against State employees when the State invokes exclusive liability and agrees to be fully responsible, except for claims based on employment with non-State employers.
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Allows the State to notify parties in writing that it is invoking exclusive liability, after which the action proceeds against the State alone rather than the employee.
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Permits the State to retain the right to seek reimbursement from an employee if it later discovers the employee was not acting within the course and scope of their office or employment.
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Overrides the 2013 Hawaii Intermediate Court of Appeals decision in Slingluff v. State that held State physicians were not protected from medical malpractice claims by qualified immunity.
Legislative Description
Relating To Professionally Licensed Or Certified Government Employees.
Professionally Licensed or Certified Government Employees
Last Action
Act 044, on 06/17/2022 (Gov. Msg. No. 1144).
6/17/2022