Honolulu, Hawaii



RE:    H.B. No. 1181

       H.D. 1

       S.D. 1




Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii




     Your Committee on Ways and Means, to which was referred H.B. No. 1181, H.D. 1, entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to bring the State's laws regarding false claims against the State and the counties into compliance with the federal False Claims Act.


     Your Committee received written comments in support of this measure from the Department of the Attorney General and one individual.


     Your Committee finds that this measure allows any employee, contractor, or agent to be entitled to all relief necessary to make the employee, contractor, or agent whole, if the employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against because of the lawful acts of the employee, contractor, agent, or associated others in furtherance of a qui tam action.  This measure also bars certain actions, such as actions based upon allegations or transactions that are the subject of a civil suit or administrative civil money penalty proceeding in which the State or a county is already a party.


     Your Committee finds that this measure ensures that Hawaii's laws comply with the federal False Claims Act.


     Your Committee has amended this measure by:


(1)  Clarifying and conforming language with respect to the definition of "claim" under section 46-171, Hawaii Revised Statutes; and


(2)  Making technical nonsubstantive amendments for the purposes of consistency, clarity, and style.


     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1181, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1181, H.D. 1, S.D. 1.


Respectfully submitted on behalf of the members of the Committee on Ways and Means,