Bill Text: HI SB1170 | 2019 | Regular Session | Amended
Bill Title: Relating To Professionally Licensed Or Certified Government Employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB1170 Detail]
Download: Hawaii-2019-SB1170-Amended.html
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THE SENATE |
S.B. NO. |
1170 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PROFESSIONALLY LICENSED OR CERTIFIED GOVERNMENT EMPLOYEES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that in the
decision of Slingluff v. State, 131 Hawai‘i
239, 317 P.3d 683 (Haw. Ct. App. 2013), the intermediate court of appeals held
that "physicians employed by the State, including prison doctors,
exercising purely medical discretion in the diagnosis and treatment of
potentially injured or sick people, are not protected from medical malpractice
claims by the doctrine of qualified immunity under Hawai‘i
law."
The
purpose of this Act is to clarify the personal liability requirements for
professionally licensed or certified employees of the State by:
(1) Clarifying that the State shall be exclusively
liable for civil tort claims resulting from the negligent or wrongful act or
omission of a professionally licensed or certified employee of the State acting
within the scope of the employee's office or employment;
(2) Precluding civil actions or proceedings for
money damages against the employee, except for claims based on liability other
than an employee's scope of employment with the State or other employer; and
(3) Clarifying liability when the State agrees to
assume full or partial responsibility in a civil action against a
professionally licensed or certified employee.
SECTION
2. Section 662-14, Hawaii Revised
Statutes, is amended to read as follows:
"§662-14 Exclusiveness of remedy. (a)
The authority of the State or any state agency to sue and be sued in its
own name shall not be construed to authorize any other actions against the
State or such agency on claims [for torts of its employees,] cognizable
under this chapter, and the rights and remedies provided by this chapter
and section 661-11 shall be exclusive.
(b) The remedy against the State provided by this
chapter and section 661-11 for injury or loss of property, or personal injury
or death, arising or resulting from the negligent or wrongful act or omission
of any professionally licensed or certified employee of the State while acting
within the scope of the employee's office or employment shall be exclusive
whenever the State agrees to be liable for the injuries, losses, and damages
caused by the professionally licensed or certified employee. Any civil action or proceeding for money
damages arising out of or relating to the same subject matter against the
employee or the employee's estate shall thereafter be precluded without regard
to when the act or omission occurred; provided that claims based on liability
arising from employment with an employer other than the State shall not be
precluded. When an employee is named in
an individual capacity, the State may notify all parties in writing that the
State is invoking exclusive liability by agreeing to be fully liable for the
injuries, losses, and damages caused by the professionally licensed or
certified employee, and the action or proceeding shall thereafter proceed
against the State alone. When the State
agrees to partial responsibility for the injuries, losses, and damages caused
by an employee, the employee shall remain personally liable for those injuries,
losses, and damages for which the State has not accepted responsibility."
SECTION
3. This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
SECTION
4. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Professionally Licensed or Certified Government Employees; Tort Liability; Exclusive State Liability
Description:
Clarifies that the State shall be exclusively liable for claims for injury or loss of property, or personal injury or death, resulting from the negligent or wrongful act or omission of any professionally licensed or certified employee of the State while acting within the scope of the employee's office or employment. Precludes civil actions or proceedings for money damages against the employee, except for claims based on liability other than an employee's scope of employment with the State or other employer. Clarifies liability when the State agrees to assume full or partial responsibility in a civil action against a professional licensed or certified employee. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
