Report Title:

Government; Statute of Limitations

Description:

Extends claims against the State for unpaid wages to a six-year statute of limitations period. Allows for the payment of interest on claims for unpaid wages or benefits for services rendered by State employees. (HB875 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

875

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to government.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 661-5, Hawaii Revised Statutes, is amended to read as follows:

"§661-5 Limitations on action. Every claim against the State, cognizable under this chapter, shall be forever barred unless the action is commenced within two years after the claim first accrues; provided that the claims of persons under legal disability shall not be barred if the action is commenced within one year after the disability has ceased[.]; provided further that claims for unpaid wages may be brought at any time within six years after the alleged underpayment."

SECTION 2. Section 661-8, Hawaii Revised Statutes, is amended to read as follows:

"§661-8 Interest. No interest shall be allowed on any claim up to the time of the [rendition] rendering of judgment thereon by the court, unless upon [a]:

(1) A contract expressly stipulating for the payment of interest[, or upon a];

(2) A refund of a payment into the "litigated claims fund" as provided by law[.]; or

(3) A claim for underpayment of wages or benefits for services rendered by an employee of the State."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.