REPORT TITLE:
Torts; Government Employees


DESCRIPTION:
Requires the attorney general to institute garnishment or other
proceedings as may be necessary against a government employee to
reimburse the State when the State must pay out tort claims
resulting from an act or omission of the state employee while
acting within the scope of the employee's employment.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.957        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO TORTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 662-16, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§662-16  Defense of state employees[.]; reimbursement to
 
 4 the State.  (a)  The attorney general may defend any civil action
 
 5 or proceeding brought in any court against any employee of the
 
 6 State for damage to property or for personal injury, including
 
 7 death, resulting from the act or omission of any state employee
 
 8 while acting within the scope of the employee's employment.  The
 
 9 employee against whom such civil action or proceeding is brought
 
10 shall deliver within the time after the date of service or
 
11 knowledge of service as determined by the attorney general, all
 
12 process or complaint served upon the employee or an attested true
 
13 copy thereof to the employee's immediate superior or to whomever
 
14 was designated by the head of the employee's department to
 
15 receive such papers and such person shall promptly furnish copies
 
16 of the pleadings and process therein to the department of the
 
17 attorney general.
 
18      (b)  No judgment by default shall be entered against a state
 
19 employee based on a cause of action arising out of an act or
 

 
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 1 omission of such employee while acting within the scope of the
 
 2 employee's employment unless the department of the attorney
 
 3 general has received a copy of the complaint or other relevant
 
 4 pleadings and a period of twenty days has elapsed from the date
 
 5 of such receipt.
 
 6      (c)  The attorney general may also defend any civil action
 
 7 or proceeding brought in any court against a county based on an
 
 8 allegedly negligent or wrongful act or omission of persons
 
 9 employed by a county as lifeguards and designated to provide
 
10 lifeguard services at a designated state beach park under an
 
11 agreement between the State and a county.
 
12      (d)  The attorney general may also defend any civil action
 
13 or proceeding brought in any court against any provider of
 
14 medical, dental, or psychological services pursuant to contract
 
15 with the department of public safety when the provider is sued
 
16 for acts or omissions within the contract's scope of work.
 
17      (e)  Notwithstanding any law to the contrary, the attorney
 
18 general shall institute proceedings pursuant to chapter 653 to
 
19 garnish any salary, stipend, or wages, or take such other action
 
20 as may be necessary, against a government employee in order to
 
21 reimburse the State for payments made out of the general revenues
 
22 of the State to satisfy claims against the State or its employees
 
23 for damage to property or for personal injury, including death,
 

 
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                                     H.B. NO.957        
                                                        
                                                        


 1 resulting from an act or omission of that state employee while
 
 2 acting within the scope of the employee's employment."
 
 3      SECTION 2.  This Act shall apply only to causes of action
 
 4 based upon acts or omissions occurring on or after its effective
 
 5 date.
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.
 
 9 
 
10                              INTRODUCED BY:______________________