STAND. COM. REP. NO. 1271

Honolulu, Hawaii

, 2005

RE: H.B. No. 875

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs and Education and Military Affairs, to which was referred H.B. No. 875, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO GOVERNMENT,"

beg leave to report as follows:

The purpose of this measure is to provide a six-year statute of limitation for claims against the State for unpaid wages and to allow for payment of interest on these claims.

Testimony in support of the measure was submitted by twenty-six individuals. The Department of the Attorney General and the Superintendent of Education testified in opposition to the measure.

Your Committees find that this measure creates a six-year limitations period for claims for unpaid wages and benefits and permits the collection of pre-judgement interest on these claims.

Your Committees have amended this measure by:

(1) Expressly endowing the Legislature with the authority to determine the appropriate per diem rate for substitute teachers for the fiscal year 2005-2006 and thereafter; and

(2) Appropriating funds in the event of a settlement between the Department of Education and the plaintiffs in the cases of Garner v. Department of Education and Kliternick v. Hamamoto as plaintiff's counsel indicates that the plaintiffs are flexible in regard to a settlement structure.

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Education and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 875, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 875, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Hawaiian Affairs and Education and Military Affairs,

____________________________

NORMAN SAKAMOTO, Chair

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COLLEEN HANABUSA, Chair