HOUSE OF REPRESENTATIVES |
H.B. NO. |
356 |
THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CLAIMS AGAINST THE STATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 41D-3, Hawaii Revised Statutes, is amended to read as follows:
"ยง41D-3 Adjustment of claims against the State.
(a) The attorney general may
review any claim. The attorney general
may refer claims to the comptroller for informal resolution.
(b)
All claims against the State that are within the purview of section
41D-8 shall be reviewed in the first instance by the comptroller for informal
resolution as provided in this section.
[(c)] (1) The comptroller may compromise or settle a
claim within the purview of section 41D-8 for an amount not exceeding $15,000, or,
after June 30, 2020, the maximum amount determined under subsection (c) and
the comptroller may pay the claim without review by the attorney general.
[(d)] (2) The comptroller may compromise or settle and
pay a tort claim not within the purview of section 41D-8 for an amount
not exceeding $10,000 [or less] or, after June 30, 2020, the maximum amount determined under
subsection (c), without the necessity of court approval[, and the
comptroller may pay the claim].
(c)
The comptroller shall determine the maximum amounts that
may be paid from the state risk management revolving fund for claims against
the State that are arbitrated, compromised, or settled by the comptroller or
the attorney general pursuant to this section or section 662-11,
respectively. The comptroller shall
adjust the maximum amounts each year by applying to the base amount the annual
increase in the average United States Department of Labor Consumer Price Index
for All Urban Consumers for Honolulu as released annually in February for the
second half of the previous calendar year.
The comptroller shall use the applicable adjusted maximum amount for
each year as the base amount for the next year.
The adjusted maximum amounts for each year shall be effective no later
than July 1 of that year.
For the adjusted maximum amounts
applicable as of July 1, 2020, the base amount shall be:
(1) $
for claims within the purview of section 41D-8 and compromised or settled by
the comptroller pursuant to subsection (b)(1);
(2) $
for claims not within the purview of section 41D-8 and compromised or settled
by the comptroller pursuant to subsection (b)(2); and
(3) $
for claims arbitrated, compromised, or settled by the attorney general pursuant
to section 662-11.
(d) By June 15 of each year, the comptroller
shall publish and notify the legislature and the attorney general of the
adjusted maximum amounts that will be effective on July 1 of that year. The first publication and notification shall
be issued by June 15, 2020, for the maximum adjusted amounts that will be
effective on July 1, 2020.
(e)
Upon referral by the comptroller, the attorney general, in the attorney
general's discretion, shall make determinations of whether a claim would or
would not be within the purview of section 41D-8 for purposes of [subsections
(c) and (d).] subsection (b).
(f)
If the tort claim cannot be resolved informally as set forth in [subsections
(c) and (d),] subsection (b), the comptroller promptly shall inform
the attorney general.
(g)
All of the efforts of the comptroller or the comptroller's delegate
under this section shall be "compromise negotiations" within the
meaning of rule 408, Hawaii Rules of Evidence, as set forth in section 626-1.
(h) Claims compromised or settled under this section shall be paid from the state risk management revolving fund."
SECTION 2. Section 41D-4, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f)
The comptroller shall prepare, for each fiscal year, a report of all
claims arbitrated, compromised, or settled [for $10,000 or less] and
paid from the state risk management revolving fund[.] as provided in
section 41D-3. The report shall be
submitted to the legislature twenty days prior to the commencement of the
regular session next succeeding the year for which the report is made."
SECTION 3. Section 662-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Claims arbitrated, compromised, or settled by
the attorney general for an amount not exceeding $10,000 [or less]
or, after June 30, 2020, the maximum amount determined under section 41D-3,
shall be paid from the state risk management revolving fund. Claims arbitrated, compromised, or settled by
the attorney general for more than [$10,000] that amount shall be
paid only after funds are appropriated by the legislature for the payment of
those claims."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2030.
Report Title:
Claims Against the State; Risk Management Fund; Inflation
Description:
Requires the Comptroller to annually adjust the threshold amount for which settlements for claims against the State must be approved by the Legislature for inflation. (HB356 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.