HI SB1490

Attorney general shall defend professionally licensed or certified state employees in civil actions when the employee was acting within the scope of employment and was not grossly negligent or wanton.

Attorney general has no obligation to defend when the civil action results from the employee's gross negligence or wanton act or omission.

Professionally licensed or certified state employees may hire their own attorney at personal expense instead of using the attorney general's defense.

When attorney general refuses to defend an employee, the attorney general must file a motion within thirty days of discovery closing, and the employee has at least thirty days to respond.

Court must conduct a hearing on the attorney general's motion to determine the duty to defend in the civil action.