Bill Text: HI SB796 | 2025 | Regular Session | Introduced
Bill Title: Relating To Claims Against The State.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-29 - The committee(s) on JDC has scheduled a public hearing on 02-05-25 9:15AM; Conference Room 016 & Videoconference. [SB796 Detail]
Download: Hawaii-2025-SB796-Introduced.html
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THE SENATE |
S.B. NO. |
796 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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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. Section 37-77, Hawaii Revised Statutes, is amended to read as follows:
"§37-77 Claims for legislative
relief.
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. Claims
that have exceeded the time limitations of section 40-68 may not be presented
under this section. 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.
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 to the
legislature as to the disposition of the claim.
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[.] and a list of possible claims against the State that have
not yet settled. 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."
SECTION 2. Section 37-77.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The attorney general shall submit a report to
the speaker of the house of representatives, the president of the senate, and
the chairs of the house and senate judiciary committees no later than twenty
days prior to the convening of each regular legislative session describing the
claims and the attendant circumstances therein and containing the advice for
corrective action rendered to the agency.
The report shall also contain [the remedial measures which the
attorney general shall take or recommended that the legislature take if an
agency fails to take corrective action within a reasonable period of time.],
for each settled claim for which payment is sought, the following information:
(1) The
action taken by the employee or department that lead to the claim;
(2) The attorney general's recommended action to prevent similar types of claims from occurring in the future and a timeline for the action to be implemented;
(3) Whether the department implemented the recommended action in a timely fashion and any responses from the agency to the attorney general's recommended action; and
(4) The remedial measures that the attorney general takes or recommends the legislature take if an agency fails to take corrective action within a reasonable period of time.
The
attorney general shall submit a report to the speaker of the house of
representatives, the president of the senate, and the chairs of the house and
senate judiciary committees no later than twenty days prior to the convening of
the regular session of 2026, and prior to each regular session every five years
thereafter, on whether there were any further incidents that occurred in an
agency that led to a claim after the actions were implemented and why
recommended actions were inadequate to prevent the incident.
The
[report] reports shall be deemed a confidential and privileged
communication to the legislature and shall not be disclosed pursuant to
sections 92F-13 and 92F-19(b)."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Claims Against the State; Attorney General; Report
Description:
Prohibits claims for refunds, reimbursements, or other payments, authorization for which is sought from the Legislature that exceed the time limitations of section 40-68, Hawaii Revised Statutes, from being claimed. Requires the Attorney General to include in the Attorney General's annual report of claims recommended for approval a list of possible claims against the State that have not yet settled. Requires the Attorney General's report to the Legislature describing the claims against the state to include additional information. Requires the Attorney General to submit a report every five years to the Legislature containing further incidents that occurred in an agency that led to a claim.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
