STAND. COM. REP. NO. 3188

Honolulu, Hawaii

RE: H.B. No. 2340

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2340, H.D. 2, 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 appropriate moneys and approve payments for claims against the State, its officers, and its employees.

Your Committee received testimony in support of this measure from the Department of the Attorney General, Department of Transportation, Department of Corrections and Rehabilitation, Department of Education, and one individual.

Your Committee finds that the State has a responsibility to promptly satisfy all claims against the State upon the resolution of those claims.  Your Committee further finds that the timely passage of this measure will help to minimize the State's obligation to pay interest on the various payment amounts.

Your Committee has amended this measure by:

(1) Appropriating $110.00 in general funds for a miscellaneous claim by Lien T. Nguyen;

(2) Appropriating $1,236.00 in general funds for a miscellaneous claim by Sedring Bulda and Katherine Bulda;

(3) Appropriating $7,259.00 in general funds for a miscellaneous claim by Shirokiya Cosmetics, Inc.;

(4) Appropriating $550,000.00 in general funds for the settlement in the case of Ralphielyn L.M. Gaston-Lovell v. State of Hawaii, Department of Education;

(5) Amending the payment requirements for the settlement in the case of Courtney Ledford v. Ethan Ferguson, et al., by:

(A) Changing the amount appropriated to the Department of the Attorney General for the settlement of the claim from $1,250,000.00 to $750,000.00; and

(B) Requiring that the remaining $500,000.00 of the claim settlement be equally apportioned and paid from the available general funds appropriated by Act 164, Session Laws of Hawaii 2023, to the Department of Human Resources Development and Department of Land and Natural Resources;

(6) Appropriating $300,000.00 in general funds for the settlement in the case of Pamela Ann Flanagin (Personal Representative) v. State of Hawaii;

(7) Amending the payment requirements for the settlement in the case of Leinette Reyes, et al. v. Eric Tanaka, by:

(A) Changing the amount appropriated to the Department of the Attorney General for the settlement of the claim from $2,000,000.00 to $1,200,000.00; and

(B) Requiring that the remaining $800,000.00 of the claim settlement be paid from the available general funds appropriated by Act 164, Session Laws of Hawaii 2023, to the Department of Public Safety/Corrections and Rehabilitation;

(8) Appropriating $750,000.00 in general funds for the settlement in the case of Sherri-Ann Garett v. State of Hawaii, Department of Human Services;

(9) Appropriating $150,000.00 out of the state highway fund for the settlement in the case of Violet Fontes-Ringor v. State of Hawaii;

(10) Changing the effective date to July 1, 2024; and

(11) Making technical nonsubstantive amendments for 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. 2340, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2340, H.D. 2, 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,

________________________________

KARL RHOADS, Chair