Report Title:
Appropriations; Claims Against the State
Description:
Makes appropriations for claims against the State, its officers, and its employees. (CD1)
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THE SENATE |
S.B. NO. |
2961 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The following sums or so much thereof as may be necessary for fiscal year 2007-2008 are appropriated out of the general revenues of the State of Hawaii to the department of the attorney general for the purpose of satisfying claims for legislative relief as to the following named persons, firms, corporations, and entities, for 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, in the amounts set forth opposite their names:
AND SETTLEMENTS OF CLAIMS:
1. DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
Reale v. State of Hawaii, et al. $ 50,000.00
Civil No. 06-1-0928-05, First Circuit Settlement
_____________
SUBTOTAL: $ 50,000.00
2. DEPARTMENT OF AGRICULTURE:
Viela v. State of Hawaii, et al. $ 60,000.00
Civil No. 06-1-0268-02, First Circuit Settlement
______________
SUBTOTAL: $ 60,000.00
3. DEPARTMENT OF EDUCATION:
In the Matter of the Arbitration $ 25,000.00
Between Hawaii State Teachers Association, Settlement
AFSCME Local 152, AFL-CIO and
Kihei Public Charter High School
(Grievance of John Loomis), Case No. 03-18
Comeaux v. State of Hawaii, et al. $ 5,000.00
Civil No. 06-00341, USDC Settlement
Graham v. State of Hawaii, et al. $ 30,000.00
Civil No. 06-1-0013(3), Second Circuit Settlement
Huddleston, et al. v. Kamaaina Care, $ 74,500.00
Inc., et al., Civil No. 06-1-0077, Settlement
Third Circuit
Kaleuati, et al. v. Tonda, et al. $ 185,000.00
Civil No. 07-00504, U.S.D.C. Settlement
______________
SUBTOTAL: $ 319,500.00
4. DEPARTMENT OF HEALTH:
Enchanted Lakes Residential $ 4,800.00
Association v. Dept. of Health
Mediation Center of the Pacific
No. 2007-0939 Settlement
_____________
SUBTOTAL: $ 4,800.00
5. DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT:
Walsh, et al. v. City and County
of Honolulu, et al. $ 50,000.00
Civil No. 05-00378DAE, USDC Settlement
_____________
SUBTOTAL: $ 50,000.00
6. DEPARTMENT OF HUMAN SERVICES:
Aihara v. Dept. of Human Services $ 45,000.00
Civil No. 05-1-0514-03, First Circuit Settlement
Kahoohanohano, et al. v. Department $ 833,153.80
Human Services, et al. Judgment
Civil No. 03-1-0012(1), Second Circuit
and
Kahoohanohano, et al. v. Drelich, et al.
Civil No. 03-1-0257(1), Second Circuit
Ruiz, et al. v. State of Hawaii, et al. $ 350,000.00
Civil No. 04-1-1739-09, First Circuit Settlement
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SUBTOTAL: $1,228,153.80
7. DEPARTMENT OF PUBLIC SAFETY:
Bateman, et al. v. State of Hawaii $ 56,873.17
Civil No. 06-1-1907-11, First Circuit Judgment
Amount of judgment: $55,573.40
4% interest from 12/13/07: $ 1,299.77
Branco v. State of Hawaii $ 12,357.46
Civil No. 06-1-0755-05, First Circuit Settlement
Gonsalves v. State of Hawaii $ 24,000.00
Civil No. 06-1-1843-10, First Circuit Settlement
Johnson v. State of Hawaii $ 15,000.00
Civil No. 06-1-1430-08, First Circuit Settlement
Jones v. State of Hawaii $ 15,220.18
Civil No. 06-1-0194-02, First Circuit Judgment
Kimberly v. State of Hawaii, et al. $ 91,619.02
Civil No. 95-0718-03, First Circuit Judgment
Amount of judgment: $87,245.58
4% interest from 5/1/07: $ 4,373.44
Kimberly v. State of Hawaii, et al. $ 225,000.00
Civil No. 95-0718-03, First Circuit Settlement
Lopez v. State of Hawaii $ 22,500.00
Civil No. 05-1-0042(2), Second Circuit Settlement
Pregil v. State of Hawaii, et al. $ 10,092.80
Civil No. 06-1-0772-05, First Circuit Judgment
Amount of Judgment: $10,038.47
4% interest from 4/11/07: $ 54.33
Sampaio v. State of Hawaii $ 25,244.05
Civil No. 06-1-0751-05, First Circuit Judgment
Amount of judgment: $24,770.30
4% interest from 2/22/08: $ 473.75
Segawa v. State of Hawaii, et al. $ 50,000.00
Civil No. 05-1-1562-09, First Circuit Settlement
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SUBTOTAL: $ 547,906.68
MISCELLANEOUS CLAIMS:
Estate of Audrey Marie Au $ 500.00
Mutsue T. Kimata $ 131.40
Dennis Donovan $ 2,975.20
Cynthia C. Matsumura $ 125.00
Karen Y. Nakamura $ 484.00
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SUBTOTAL: $ 4,215.60
TOTAL (SECTION 1): $2,264,576.08
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
PART II
SECTION 2. The following sums or so much thereof as may be necessary for fiscal year 2007-2008 are appropriated out of the state highway fund for the purpose of satisfying claims for legislative relief as to the following named persons, for claims against the State or its officers or employees for payments of judgments or settlements, or other liabilities, in the amount set forth opposite their names:
AND SETTLEMENTS OF CLAIMS:
DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
Antonio v. State of Hawaii $ 30,000.00
Civil No. 06-1-0131-01, First Circuit Settlement
Carvalho v. State of Hawaii $ 30,000.00
Civil No. 05-1-2155-12, First Circuit Settlement
and
Carvalho v. State of Hawaii
Civil No. 06-00677, USDC
Dunn, et al. v. Department of
Transportation, et al. $ 930,964.76
Civil No. 04-1-1330-07, First Circuit Judgment
Amount of Judgment: $911,051.16
4% interest from 1/14/08: $19,913.60
Filimoehala, et al. v. City and County of
Honolulu, et al. $ 2,600,000.00
Civil No. 04-1-1880-10, First Circuit Settlement
Hashimoto v. Liftee, et al. $ 250,000.00
Civil No. 99-2462-06, First Circuit Settlement
Hoffelt, et al. v. Tesoro, et al. $ 150,000.00
Civil No. 05-1-0480(3), Second Circuit Settlement
Klink, et al. v. State of Hawaii $ 816,658.58
Civil No. 98-039, Third Circuit Judgment
Madriaga, et al. v. Baldwin, et al. $ 25,000.00
Civil No. 04-1-0327(3), Second Circuit Settlement
Scharsch v. State of Hawaii, et al. $ 20,000.00
Civil No. 05-1-0435-03, First Circuit Settlement
Schlosser v. Lat, et al. $ 40,000.00
Civil No. 05-1-0474(3), Second Circuit Settlement
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SUBTOTAL: $ 4,892,623.34
TOTAL (SECTION 2) $ 4,892,623.34
The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.
SECTION 3. The sums hereinabove may be paid to the respective persons, or for the satisfaction or settlement of the respectively identified cases, and in several amounts hereinabove set forth or in lesser amounts deemed appropriate, upon checks issued by the comptroller; provided departments must obtain the approval of the attorney general before payment of any claim can be made.
SECTION 4. Notwithstanding the sums hereinabove stated as interest upon judgments against the State, payment of interest shall be limited to the period from the date of judgment, if applicable, to thirty days after the effective date of this part, as provided in section 662-8, Hawaii Revised Statutes, for those cases to which the statute applies.
PART III
SECTION 5. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2009, shall lapse.
SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 7. This Act shall take effect upon its approval.