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THE SENATE |
S.B. NO. |
2661 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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STATE OF HAWAII |
H.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 2009-2010 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:
JUDGMENTS AGAINST THE STATE AMOUNT
AND SETTLEMENTS OF CLAIMS:
1. DEPARTMENT OF PUBLIC SAFETY:
Botelho, et al. v. State of Hawaii, et al. $30,454.33
Civil No. 06-00096
DAE-BMK, USDC Judgment
DeJesus, et al. v. State of Hawaii, $80,000.00
et al., Civil No. 06-1-1070-06, Settlement
First Circuit
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SUBTOTAL: $110,454.33
2. DEPARTMENT OF LAND AND NATURAL RESOURCES:
Consolidated Cases:
Fehring, et al. v. Pflueger, et al. $1,500,000.00
Civil No. 06-1-0082, Fifth Circuit Settlement
Midler, et al. v. Pflueger, et al.
Civil No. 06-1-0110, Fifth Circuit
Pflueger, et al. v. State of Hawaii
Civil No. 07-1-0117, Fifth Circuit
Calisher, et al. v. Pflueger, et al.
Civil No. 07-1-0106, Fifth Circuit
Fehring, et al. v. Pflueger, et al.
Civil No. 08-1-0050, Fifth Circuit
Fehring, et al. v. Pflueger, et al.
Civil No. 08-1-0051, Fifth Circuit
Bosma, et al. v. Pflueger, et al.
Civil No. 08-1-0052, Fifth Circuit
Midler, et al. v. Pflueger, et al.
Civil No. 08-1-0053, Fifth Circuit
Roque v. Dickman, et al. $93,850.00
Civil No. 07-1-0497-03, First Circuit Settlement
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SUBTOTAL: $1,593,850.00
3. DEPARTMENT OF HUMAN SERVICES:
Manalo v. Wells, et al. $32,478.37
Civil No. 08-1-2212-10, First Circuit Judgment
Amount of judgment:
4% interest from 10/21/09
Hensen v. State of Hawaii $ 30,000.00
Civil No. 06-1-0794, First Circuit Settlement
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SUBTOTAL: $ 62,478.37
4. DEPARTMENT OF EDUCATION:
Cabanting, et al. v. Poouahi, $3,485,815.38
et al., Civil No. 07-1-0038, Settlement
Third Circuit
SUBTOTAL: $3,485,815.38
5. MISCELLANEOUS CLAIMS:
Kathleen M. Gillett $1,379.31
June S. Hashizaki $150.00
DB Structured Products, Inc. $499,999.91
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SUBTOTAL: $501,529.22
Total (SECTION 1): $5,754,127.30
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 2009-2010 are appropriated out of the state harbor 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:
JUDGMENTS AGAINST THE STATE AMOUNT
AND SETTLEMENTS OF CLAIMS:
DEPARTMENT OF TRANSPORTATION, HARBORS DIVISION:
Flores, et al. v. Department of
Transportation, et al., $23,225.34
Civil No. 07-1-0204, Fifth Circuit Judgment
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SUBTOTAL: $23,225.34
Total (SECTION 2): $23,225.34
The sums appropriated shall be expended by the department of transportation, harbors division, for the purposes of this Act.
SECTION 3. The following sums or so much thereof as may be necessary for fiscal year 2009-2010 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:
JUDGMENTS AGAINST THE STATE AMOUNT
AND SETTLEMENTS OF CLAIMS:
DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
Cabrera, et al. v. State of $75,000.00
Hawaii, et al., Civil No. 06-1-0317-02, Settlement
First Circuit
D&J Ocean Farms, Inc. v. Pedro, $25,000.00
et al., Civil No. 06-1-0373(3), Settlement
Second Circuit
Morales v. Department of $25,000.00
Transportation, et al., Settlement
Civil No. 06-1-2206-12,
First Circuit _________________
SUBTOTAL: $125,000.00
TOTAL (SECTION 3) $125,000.00
The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.
PART III
SECTION 4. 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 shall obtain the approval of the attorney general before payment of any claim can be made.
SECTION 5. 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 Act, as provided in section 662-8, Hawaii Revised Statutes, for those cases to which the statute applies.
SECTION 6. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2011, shall lapse.
SECTION 7. 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 8. This Act shall take effect on July 1, 2050.
Report Title:
Appropriations; Claims Against State
Description:
Makes appropriations for claims against the State, its officers, or its employees. Effective July 1, 2050. (SB2661 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.