HOUSE OF REPRESENTATIVES

H.B. NO.

189

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

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 41D-4, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The comptroller shall prepare, for each fiscal year, a report of all claims arbitrated, compromised, or settled [for $10,000 or less] and paid from the state risk management revolving fund[.] as provided in section 662-11(c).  The report shall be submitted to the legislature twenty days prior to the commencement of the regular session next succeeding the year for which the report is made."

     SECTION 2.  Section 662-11, Hawaii Revised Statutes, is amended to read as follows:

     "§662-11  Compromise.  (a)  The attorney general may arbitrate, compromise, or settle any claim cognizable under this chapter.

     (b)  Claims arbitrated, compromised, or settled by the attorney general for [$10,000] the maximum amount as adjusted pursuant to subsection (c) or less shall be paid from the state risk management revolving fund.  Claims arbitrated, compromised, or settled by the attorney general for more than [$10,000] the maximum amount as adjusted pursuant to subsection (c) shall be paid only after funds are appropriated by the legislature for the payment of those claims.

     (c)  Beginning on July 1, 2016, and no later than July 1 in each year thereafter, the comptroller shall adjust for inflation the maximum amount that may be paid from the state risk management revolving fund for claims arbitrated, compromised, or settled by the attorney general.  The comptroller shall use $10,000 as the base figure for the first year and apply the United States Department of Labor Consumer Price Index for All Urban Consumers for Honolulu for the previous year to determine the new base figure, and shall use the resulting figure as the new base figure each year thereafter.  The comptroller shall publish the adjusted amount and shall notify the legislature and the attorney general of the adjusted amount."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 



 


 

Report Title:

Claims Against the State; Risk Management Fund; Inflation

 

Description:

Requires the Comptroller to annually adjust the threshold amount for which settlements for claims against the State must be approved by the legislature for inflation.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.