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THE SENATE |
S.B. NO. |
888 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 2 |
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STATE OF HAWAII |
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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 2016-2017 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 EDUCATION:
Westbrook, et al. v. State of Hawaii, et al. $ 21,000.00
Civil No. 12-1-1596-06, First Circuit Settlement
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SUBTOTAL: $ 21,000.00
2. HAWAII CAMPAIGN SPENDING COMMISSION:
Yamada, et al. v. Snipes, et al. $ 66,701.10
Civil No. 10-00497, USDC Judgment
Ninth Circuit No. 12-17845 ______________
SUBTOTAL: $ 66,701.10
3. DEPARTMENT OF HUMAN SERVICES:
Carroll, et al. v. Camit, et al. $ 18,500.00
Civil No. 12-1-0622(2), Second Circuit Settlement
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SUBTOTAL: $ 18,500.00
4. DEPARTMENT OF PUBLIC SAFETY:
Antoque v. State of Hawaii, et al. $ 35,000.00
Civil No. 15-1-0262, Third Circuit Settlement
Freitas, et al. v. Gillespie, et al. $ 400,000.00
Civil No. 13-1-0365, Fifth Circuit Settlement
Leolao, et al. v. State of Hawaii, et al. $ 60,000.00
Civil No. 13-1-3038-11, First Circuit Settlement
Obata v. State of Hawaii, et al. $ 20,000.00
Civil No. 14-1-1660-07 KTN, First Circuit Settlement
Sullivan, et al. v. State of Hawaii, et al. $ 48,000.00
Civil No. 15-1-2429-12 VLC, First Circuit Settlement
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SUBTOTAL: $ 563,000.00
5. LAND USE COMMISSION:
Bridge Aina Le‘a, LLC v. State of Hawaii
Land Use Commission $ 1,000,000.00
Civil No. 11-00414 SOM KJM, USDC Settlement
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SUBTOTAL: $ 1,000,000.00
6. MISCELLANEOUS CLAIMS:
Eaton Arakaki $ 557.99
Paquito and Natividad Dimaya $ 1,001.00
Ronald Martinez, Jr. $ 92.00
Kan Shimada $ 250.00
Jocelyn Valdez $ 837.00
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SUBTOTAL: $ 2,737.99
Total (SECTION 1): $ 1,671,939.09
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 2016-2017 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:
DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
Burley v. State of Hawaii $ 85,000.00
Civil No. 14-1-2102-10, First Circuit Settlement
Kawamura, et al. v. State of Hawaii, et al. $ 95,000.00
Civil No. 11-1-0311, Fifth Circuit Settlement
Lee, et al. v. Tavai, et al. $ 1,565,154.00
Civil No. 14-1-1659-07, First Circuit Settlement
Lopez, et al. v. State of Hawaii $ 3,901,866.44
Civil No. 13-1-0885(2), Second Circuit Settlement
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SUBTOTAL: $ 5,647,020.44
TOTAL (SECTION 2) $ 5,647,020.44
The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.
PART III
SECTION 3. The following sums or so much thereof as may be necessary for fiscal year 2016-2017 are appropriated out of the harbor special 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:
DEPARTMENT OF TRANSPORTATION, HARBORS DIVISION:
Smith v. State of Hawaii, et al. $ 116,000.00
Civil No. 15-1-0549-03, First Circuit Settlement
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SUBTOTAL: $ 116,000.00
TOTAL (SECTION 3) $ 116,000.00
The sums appropriated shall be expended by the department of transportation, harbors division, for the purposes of this Act.
PART IV
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, 2018, 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 that 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 January 7, 2059.
Report Title:
Claims Against the State
Description:
Makes appropriations for claims against the State, its officers, and its employees. Takes effect on 1/7/2059. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.