Bill Text: HI SB2522 | 2020 | Regular Session | Amended
Bill Title: Relating To Claims Against The State.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2020-02-14 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB2522 Detail]
Download: Hawaii-2020-SB2522-Amended.html
THE SENATE |
S.B. NO. |
2522 |
THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CLAIMS AGAINST THE STATE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 37-77, Hawaii Revised Statutes, is amended to read as follows:
"§37-77 Claims for legislative relief.
(a) All claims for
refunds, reimbursements, or other payments, authorization for which is sought
from the legislature, shall, as a condition to their being considered by the legislature,
be filed with the attorney general together with all data and documents in
support thereof within six years from the date on which the claim for payment
matured. In the absence of a showing of
sufficient reason therefor, failure to comply with this paragraph shall be
deemed sufficient cause for refusal of the legislature to consider the claims.
(b) The attorney general shall, immediately upon
receipt thereof, refer any claim and data so received by the attorney general
to the agency concerned or the comptroller, and the agency to which the reference
is made or the comptroller shall immediately investigate the claim, secure all
available data and documents bearing thereon, and refer the same back to the
attorney general with its recommendations thereon. The attorney general shall review the claim
and make a recommendation as to the disposition of the claim.
(c) The attorney general shall, within five days
after the opening of the session, transmit to the legislature the claims which
are then recommended for approval in an appropriate legislative bill form,
together with an explanation for each claim.
Additional recommendations for approval may be transmitted later in the
session. All claims for which there is a
recommendation of denial shall also be reported to the legislature with an
explanation. The data and documents
submitted by claimants shall be available for inspection by the legislature.
The attorney general shall consult with the governor prior to entering into any settlement agreement for awards exceeding $75,000 that are subject to legislative approval.
(d) For all settlements and judgments for claims
against the State, its officers, and employees, that exceed the amounts that
may be paid by the comptroller pursuant to section 41D-3, the attorney general shall investigate and
determine whether all or a portion of the settlement or judgment should be paid
out of the affected department's or departments' operating budget, or out of
the general fund, and advise the legislature of its recommendation for each
claim. In making this recommendation,
the attorney general shall consider how the department's actions or inactions
affected the event that resulted in the legal dispute. In addition, the attorney general may consider
the size of the department's budget compared to the settlement or judgement
amount. The attorney general's
recommendations shall be deemed a confidential and privileged communication to
the legislature and shall not be disclosed pursuant to sections 92F‑13
and 92F‑19. If the legislature disagrees
with the attorney general's recommendation that all or a portion of the
settlement or judgment should be paid out of the general fund, such funding
shall be from the affected department's or departments' operating budget. If the affected departments do not have the
funds to pay the settlement or judgment out of their operating budgets, the
legislature may appropriate funds to satisfy the settlement or judgment out of
the general fund and require the affected departments to reimburse the general
fund."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2020.
Report Title:
Claims Against the State; AG; Payments; Departments; Departmental Budget
Description:
Provides that claims against the State exceeding the amounts that may be paid by the comptroller shall be paid by the department or agency that is found liable for the claim, as determined by the Attorney General. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.