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



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



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



(3)  Direct and manage all risk management and
insurance programs of the State, except for employee benefits insurance and
workers' compensation insurance programs or as otherwise provided in chapters
87, 88, 383 to 386A, 392, and 393;



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



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



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



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



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



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



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



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



(b)  Any provision in this section to the
contrary notwithstanding, the University of Hawaii (as to casualty insurance
risks only), the Research Corporation of the University of Hawaii (as to
casualty insurance risks only), the public health facilities of the department
of health (with respect to medical malpractice risks only), and the Hawaii
health systems corporation and its regional system boards shall be exempt from
the 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 L
2007, c 290, §13]



 



Note



 



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