Bill > SB779

This bill establishes new legal protections and procedures for professionally licensed or certified state employees facing civil actions. It requires the State (specifically the Attorney General) to defend employees in civil lawsuits when their actions were within the scope of their employment and were not grossly negligent or wanton, as long as the employee fully cooperates with the defense. The bill clarifies that employees may hire their own attorneys at their own expense and provides a detailed process for how the Attorney General can transfer or withdraw representation if they decide not to defend an employee. If the Attorney General declines to defend an employee, they must work to transfer representation to the employee's chosen counsel. In cases where representation cannot be amicably transferred, the Attorney General must file a confidential motion to withdraw, with special provisions to protect the employee's privacy. The motion to withdraw will trigger a court hearing to determine the State's duty to defend, and any proceedings related to this motion will be conducted with limited attendance to minimize potential reputational damage to the employee. The bill aims to balance the State's obligations to its employees with the need to maintain accountability and prevent defending employees who have acted with gross negligence.

Labor and Employment

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=779&year=2026