STAND. COM. REP. NO.  203-12

 

Honolulu, Hawaii

                , 2012

 

RE:   H.B. No. 2438

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 2438 entitled:

 

"A BILL FOR AN ACT MAKING EMERGENCY APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to make emergency appropriations for claims against the State or its officers or employees.

 

     The Department of the Attorney General testified in support of this measure.

 

     During the Regular Session of 2011, appropriations for fiscal year 2010-2011 were requested from the Legislature to satisfy claims against the State.  However, that bill was not enacted and the funds were not appropriated.  As a consequence, the affected claimants have sought or threatened to initiate legal action against the State, including garnishing state bank accounts for the amounts due and owing.  This emergency measure is intended to avoid further legal action and expense. 

 

     Further, pursuant to the requirements set forth in Article VII, Section 9, of the Hawaii State Constitution, the Governor, in his Governor's Message No. 190 to the House of Representatives, requested immediate consideration and passage of this measure.

 

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2438, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2438, H.D. 1, and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

GILBERT KEITH-AGARAN, Chair