SB 336 Hawaii Senate · 2025 Regular Session

RELATING TO THE DEFENSE OF STATE EMPLOYEES.

Summary

Requires the Attorney General, on behalf of the State, to defend professionally licensed or certified state employees from civil actions or proceedings, under certain circumstances. Clarifies that the employee may employ their own attorney at the employee's own expense. Establishes a process for the Attorney General to transfer or withdraw representation if the Attorney General declines to defend the employee. (CD1)

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

Senate Passage

Apr 2025

House Passage

Apr 2025

Signed into Law

May 2025

Introduced Jan 14, 2025 Signed May 29, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

SB336_CD1 → SB336_HD1 · 4 edits

MODERATE

This bill establishes the State of Hawaii's duty to defend professionally licensed or certified state employees in civil lawsuits, clarifies when the State will not defend (gross negligence or wanton acts), and creates a confidential process for the Attorney General to withdraw representation if the employee chooses their own lawyer. The changes matter because they provide legal protection for state workers while ensuring accountability for serious misconduct, and they protect sensitive information about why the State may stop defending an employee.

Scope change

The bill applies to all professionally licensed or certified state employees facing civil actions for property damage or personal injury arising from their employment duties.

REQUIREMENT

Establishes a clear duty for the State to defend state employees in civil lawsuits when actions were within the scope of employment and not grossly negligent or wanton.

Allows state employees to hire their own attorneys at their own expense if the State declines to defend them.

Requires the Attorney General to confidentially file a motion to withdraw representation if the employee and State cannot agree on transferring legal counsel.

TIMELINE

Sets the effective date as July 1, 3000, which appears to be a placeholder or error that may need correction.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 30, 2025

Lower · Passed

Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2).

lower

Apr 30, 2025

Upper · Passed

Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.

upper

Apr 25, 2025

Lower · Passed

Reported from Conference Committee (Conf Com. Rep. No. 142) as amended in (CD 1).

lower

Apr 25, 2025

Introduced

48 Hrs. Notice (as amended CD 1) 04-30-25.

upper

Apr 25, 2025

Upper · Passed

Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 142).

upper

Apr 25, 2025

Lower · Passed

The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Tarnas, Kitagawa, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.

lower

Apr 25, 2025

Upper · Passed

The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Aquino, Rhoads, Kanuha, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Apr 24, 2025

Upper · Passed

Conference committee meeting to reconvene on 04-25-25 10:15AM; Conference Room 016.

upper

Apr 22, 2025

Upper · Passed

Conference committee meeting scheduled for 04-24-25 10:16AM; Conference Room 016.

upper

Apr 10, 2025

Amended

Senate disagrees with House amendments.

upper

Apr 10, 2025

Introduced

Received from House (Hse. Com. No. 642).

upper

Apr 8, 2025

Lower · Passed

Passed Third Reading as amended in HD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Marten excused (2). Transmitted to Senate.

lower

Mar 31, 2025

Lower · Passed

The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 14 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Holt, Ward.

lower

Mar 18, 2025

Committee

Reported from JHA (Stand. Com. Rep. No. 1293), recommending passage on Second Reading and referral to FIN.

lower

Mar 11, 2025

Lower · Passed

The committee on JHA recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran.

lower

Mar 6, 2025

Committee

Referred to JHA, FIN, referral sheet 19

lower

Mar 4, 2025

Introduced

Received from Senate (Sen. Com. No. 136).

lower

Mar 4, 2025

Upper · Passed

Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

upper

Feb 26, 2025

Upper · Passed

The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 26, 2025

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 21, 2025

Upper · Passed

The committee(s) on JDC/WAM will hold a public decision making on 02-26-25 10:05AM; Conference Room 211 & Videoconference.

upper

Feb 10, 2025

Committee

Reported from LBT (Stand. Com. Rep. No. 197) with recommendation of passage on Second Reading and referral to JDC/WAM.

upper

Jan 31, 2025

Upper · Passed

The committee(s) on LBT recommend(s) that the measure be PASSED, UNAMENDED. The votes in LBT were as follows: 4 Aye(s): Senator(s) Aquino, Lee, C., Ihara, Moriwaki; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella.

upper

Jan 28, 2025

Upper · Passed

The committee(s) on LBT has scheduled a public hearing on 01-31-25 3:00PM; Conference Room 224 & Videoconference.

upper

Jan 21, 2025

Committee

Referred to LBT, JDC/WAM.

upper

Jan 15, 2025

Introduced

Introduced and passed First Reading.

upper

Jan 14, 2025

Introduced

Pending Introduction.

upper

5 primary · 1 co-sponsor