§41D-2  Responsibilities of the comptroller. (a)  The comptroller, through the risk manager, shall:

(1)  Have discretion to purchase casualty insurancefor the State or state agencies, including those employees of the State who, inthe comptroller's discretion, may be at risk and shall be responsible for theacquisition of all casualty insurance;

(2)  Have discretion to purchase property insurancefor the State or state agencies and shall acquire all property insurance;

(3)  Direct and manage all risk management andinsurance programs of the State, except for employee benefits insurance andworkers' compensation insurance programs or as otherwise provided in chapters87, 88, 383 to 386A, 392, and 393;

(4)  Consult with state agencies to determine whatproperty, casualty, and other insurance policies are presently in force or aresought by the state agencies and to make determinations about whether tocontinue subscribing to insurance policies.  In the event that the riskmanager's determination is not satisfactory to the state agency, the stateagency may have the risk manager's decision reviewed by the comptroller.  Inthis case, the comptroller's decision shall be final;

(5)  Consolidate and combine state insurancecoverages, and purchase excess insurance when, in the comptroller's discretion,it is appropriate to do so;

(6)  Acquire risk management, investigative, claimsadjustment, actuarial, and other services, except attorney's services, as maybe required for the sound administration of this chapter;

(7)  Gather from all state agencies and maintain dataregarding the State's risks and casualty, property, and fidelity losses;

(8)  In conjunction with the attorney general and asotherwise provided by this chapter, compromise or settle claims cognizable underchapter 662;

(9)  Provide technical services in risk management andinsurance to state agencies;

(10)  Be authorized to establish a captive insurancecompany pursuant to article 19 of chapter 431 to effectuate the purposes ofthis chapter; and

(11)  Do all other things appropriate to thedevelopment of sound risk management practices and policies for the State.

(b)  Any provision in this section to thecontrary notwithstanding, the University of Hawaii (as to casualty insurancerisks only), the Research Corporation of the University of Hawaii (as tocasualty insurance risks only), the public health facilities of the departmentof health (with respect to medical malpractice risks only), and the Hawaiihealth systems corporation and its regional system boards shall be exempt fromthe requirements of this chapter. [L 1988, c 266, pt of §1; am L 1989, c 327,§12; am L Sp 1993, c 8, §54; am L 2000, c 132, §3; am L 2004, c 216, §13; am L2007, c 290, §13]

 

Note

 

  Chapter 87 referred to in subsection (a)(3) is repealed.  Forpresent provisions, see chapter 87A.