HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
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-3, Hawaii Revised Statutes, is amended to read as follows:
"§41D-3 Adjustment of claims against the State. (a) The attorney general may review any claim. The attorney general may refer claims to the comptroller for informal resolution.
All claims against the State that are within the purview of section
41D-8 shall be reviewed in the first instance by the comptroller for informal
resolution as provided in this section[
.]; provided that:
(c)] (1) The comptroller may compromise or settle a
claim within the purview of section 41D-8 for an amount not exceeding [ $15,000,]
$25,000 and the comptroller may pay the claim without review by the
attorney general[ .]; and
(d)] (2) The comptroller may compromise or settle and
pay a tort claim not within the purview of section 41D-8 for [ $10,000 or
less] an amount not exceeding $25,000 without the necessity of court approval[ , and the
comptroller may pay the claim].
(e)] (c) Upon referral by the comptroller, the
attorney general, in the attorney general's discretion, shall make
determinations of whether a claim would or would not be within the purview of
section 41D-8 for purposes of [ subsections (c) and (d).] subsection
(f)] (d) If the tort claim cannot be resolved
informally as set forth in [ subsections (c) and (d),] subsection (b),
the comptroller promptly shall inform the attorney general.
(g)] (e) All of the efforts of the comptroller or the
comptroller's delegate under this section shall be "compromise
negotiations" within the meaning of rule 408, Hawaii Rules of Evidence, as
set forth in section 626-1.
(h)] (f) Claims compromised or settled under this
section shall be paid from the state risk management revolving fund."
SECTION 2. Section 41D-4, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
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 41D-3. 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 3. Section 662-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Claims arbitrated, compromised, or settled by
the attorney general for [
$10,000 or less] an amount not exceeding $25,000,
shall be paid from the state risk management revolving fund. Claims arbitrated, compromised, or settled by
the attorney general for more than [ $10,000] $25,000 shall be
paid only after funds are appropriated by the legislature for the payment of
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, 2019.
Claims Against the State; Risk Management Fund
Increases the Comptroller's settlement authority for tort and automobile claims to $25,000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.