STAND. COM. REP. NO. 2084

Honolulu, Hawaii

RE: S.B. No. 2740

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2740 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to make general fund and state highway fund appropriations to satisfy several settlement claims against the State, its officers, or its employees.

Your Committee received testimony in support of this measure from the Department of the Attorney General.

Your Committee finds that this measure requests a total of $870,000 in appropriations from the general fund to satisfy six claims against the State and a total of $89,312.84 in appropriations from the state highway fund to satisfy two claims against the State. The grand total for the eight claims settled in this measure as received by your Committee is $959,312.84. Timely passage of this measure will minimize the State's obligation to pay interest on those amounts.

Your Committee notes the written testimony submitted by the Department of the Attorney General, which requests the addition of one new claim that has been resolved since this measure was introduced. The addition of this new claim results in a total of $1,389,312.84 in appropriations needed from the state highway fund. As this measure moves through the legislative process, your Committee encourages further discussion and explanation of claims in testimony so that the Legislature may understand why the State in particular is liable for these claims.

Your Committee has amended this measure by:

(1) Adding state highway fund appropriations for one claim totaling $1,300,000, as requested by the Department of the Attorney General, which increases the grand total of appropriations in this measure to $2,259,312.84 in order to satisfy a total of nine claims against the State, its officers, or its employees;

(2) Correcting the subtotal amount of appropriations from the state highway fund to satisfy claims involving the Department of Transportation, Highways Division, to $1,389,312.84; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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 S.B. No. 2740, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2740, S.D. 1, and be referred to your Committee on Ways and Means.

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

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BRIAN T. TANIGUCHI, Chair