STAND. COM. REP. NO. 1290-04
Honolulu, Hawaii
, 2004
RE: S.B. No. 2835
S.D. 1
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Finance, to which was referred S.B. No. 2835, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF THE ATTORNEY GENERAL,"
begs leave to report as follows:
The purpose of this bill is to streamline the administration of the Litigation Deposits Trust Fund (Trust Fund) of the Department of the Attorney General (AG). Specifically, this bill:
(1) Provides that proceeds from any civil action or settlement of a civil claim initiated or filed by the AG (other than recoveries on behalf of the Antitrust Trust Fund, Tobacco Enforcement Special Fund, Medicaid Investigations Recovery Fund, Hawaii Tobacco Settlement Special Fund, or Criminal Forfeiture Fund), be deposited in the Trust Fund, unless inconsistent with the court order or settlement agreement relating to the deposit amount;
(2) Permits the AG to retain 33 percent of the recovered funds to support the AG's investigation and prosecution efforts in civil actions for false claims;
(3) With respect to the balance remaining after the allocation in paragraph (2), requires the remaining balance to be retained by the Trust Fund, unless otherwise provided for by law, in a recovery relating to a general fund action or claim;
(4) With respect to the balance remaining after the allocation in paragraph (2), requires the AG, in a recovery relating to a non-general fund action or claim, to remit to the non-general fund from the balance remaining a sum up to the amount of any loss incurred by the non-general fund relating to the action or claim;
(5) Requires investment earnings to be credited to the Trust Fund;
(6) Provides for all unencumbered and unexpended moneys in excess of $1,000,000 remaining in the Trust Fund at the close of June 30 of each year to lapse into the general fund; and
(7) Provides for State recoveries in civil actions for false claims to be deposited into the Trust Fund established by section 28-16, Hawaii Revised Statutes.
The AG submitted comments.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2835, S.D. 1, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
____________________________ DWIGHT Y. TAKAMINE, Chair |