STAND. COM. REP. NO. 2191

Honolulu, Hawaii

RE: S.B. No. 3029

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 S.B. No. 3029 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 to satisfy claims against the State or its officers or employees for the overpayment of taxes, or for refunds, reimbursements, payments of judgments or settlements, or other liabilities.

Your Committee received testimony in support of this measure from the Department of the Attorney General, Department of Land and Natural Resources, and Department of Education.

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 that accrues on the claim amounts.

Your Committee has amended this measure by:

(1) Correcting an erroneous case number;

(2) Amending the payment requirements for the settlement in the case of Courtney Ledford v. Ethan Feguson, et al., Civil No. 17-1-0416, Third Circuit, by:

(A) Changing the amount appropriated to the Department of the Attorney General for the settlement of the claim from $1,250,000 to $750,000; and

(B) Requiring that the remaining $500,000 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; and

(3) Amending the payment requirements for the settlement in the case of Leinette Reyes, et al. v. Eric Tanaka, Civil No. 17-cv-00143 JAO-KJM, USDC, by:

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

(B) Requiring that the remaining $800,000 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.

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. 3029, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3029, 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