STAND. COM. REP. NO. 538-12
Honolulu, Hawaii
, 2012
RE: H.B. No. 2442
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. 2442 entitled:
"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF THE ATTORNEY GENERAL,"
begs leave to report as follows:
If the action or claim involves the general fund, the Department of the Attorney General may retain the remaining 85 percent of the recovery. However, if the action or claim involves a non-general fund, then that non-general fund shall be replenished up to the amount of its loss from that remaining 85 percent of the recovery. Thereafter, any balance that remains from the recovery after the non-general fund is replenished, may be retained by the Department of the Attorney General in the trust fund. Regardless of whether the action or claim involves the general fund or a non-general fund, the portion retained of the remaining 85 percent of the recovery is not expressly limited to being used for investigation and prosecution efforts.
Your Committee has amended this measure by:
(1) Retaining statutory language authorizing the Department of the Attorney General to invest monies from the Litigation Deposits Trust Fund in securities; and
(2) Making technical, nonsubstantive amendments for 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. 2442, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2442, H.D. 1, and be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ GILBERT KEITH-AGARAN, Chair |
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