REPORT TITLE:
Risk Management


DESCRIPTION:
Requires the state comptroller to collect from state agencies
their portion of benefits received under the state risk
management revolving fund; requires comptroller to prepare report
each fiscal year to agency about the amount.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1466
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO STATE RISK MANAGEMENT. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 41D-4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§41D-4 State risk management revolving fund.(a)  The
 
 4 state risk management revolving fund is created and shall be
 
 5 funded in amounts reasonably necessary to:
 
 6      (1)  Carry out the responsibilities of the comptroller
 
 7           established in section 41D-2;
 
 8      (2)  Pay claims to state agencies for losses to property of
 
 9           the State caused by fire or other casualty, including
 
10           the cost to repair or replace buildings and other
 
11           structures, replace damaged contents, and to provide
 
12           alternate structures while damaged structures are being
 
13           repaired or replaced;
 
14      (3)  Pay claims against the State under sections 662-11,
 
15           41D-3, and 41D-8; and
 
16      (4)  Pay for losses to the State incurred by the dishonesty,
 
17           nonfeasance, or misfeasance of any officer or employee
 
18           of the State or for any losses to the State through
 
19           larceny, theft, embezzlement, forgery,
 

 
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                                     S.B. NO.           1466
                                                        
                                                        

 
 1           misappropriation, wrongful abstraction, wilful
 
 2           misapplication, or any other fraudulent or dishonest
 
 3           act committed by one or more of the employees of the
 
 4           State acting directly or in collusion with others.
 
 5      (b)  In addition to any appropriation the legislature shall
 
 6 make to the state risk management revolving fund, the comptroller
 
 7 [may] shall apportion to, and collect from, state agencies those
 
 8 amounts of money that, in the discretion of the comptroller,
 
 9 reflect benefits received by the agencies under this chapter.
 
10 The comptroller [may] shall consider the relevant risk and loss
 
11 experience of the agencies in making apportionments and
 
12 assessments.  Funds so collected shall be deposited into the
 
13 state risk management revolving fund.
 
14      (c)  [The comptroller may establish deductibles for the
 
15 state agencies for certain perils or classes of property losses
 
16 and may:
 
17      (1)  Assess the agencies for losses incurred in the amount
 
18           of the deductible; or
 
19      (2)  Reduce the payment from the state risk management
 
20           revolving fund to cover the casualty loss by the amount
 
21           of the deductible.] The comptroller shall prepare a
 
22           report every fiscal year for each agency that is
 
23           subject to subsection (b) of the amount apportioned to,
 

 
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                                     S.B. NO.           1466
                                                        
                                                        

 
 1           and to be collected from, that agency.  The report
 
 2           shall be submitted to the agency and to the legislature
 
 3           no later than twenty days before the commencement of
 
 4           each regular session of the legislature preceeding the
 
 5           fiscal year applicable to the apportionment.
 
 6      (d)  The comptroller may establish a formula for refunds to
 
 7 the state agencies based upon the agencies' risk and loss
 
 8 experience.
 
 9      (e)  Money in the state risk management revolving fund shall
 
10 be expended only for the purposes delineated in subsection (a)
 
11 and only upon the authority of the comptroller, who is given
 
12 discretion when to permit expenditures from the fund.  Money in
 
13 the state risk management revolving fund shall not be garnished,
 
14 attached, or otherwise subjected to legal compulsion to pay
 
15 actual or alleged obligations of the State, any state agency, or
 
16 any state employee.
 
17      (f)  The comptroller shall prepare, for each fiscal year, a
 
18 report of all claims arbitrated, compromised, or settled for
 
19 $10,000 or less paid from the state risk management revolving
 
20 fund.  The report shall be submitted to the legislature twenty
 
21 days prior to the commencement of the regular session next
 
22 succeeding the year for which the report is made.
 
23      (g)  Money received from the settlement of claims or losses
 

 
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                                     S.B. NO.           1466
                                                        
                                                        

 
 1 of the State as delineated in subsection (a) may be deposited
 
 2 into the state risk management revolving fund."
 
 3      SECTION 2.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 3.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY:  _______________________