THE SENATE |
S.B. NO. |
2740 |
TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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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 2017-2018 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:
Clark, et al. v.
Department of Education, $ 35,000.00
et al., Civil No.
15-1-2486-12, Settlement
First Circuit
2. DEPARTMENT OF HAWAIIAN
HOME LANDS:
Arthur, et al. v.
State of Hawaii, et al. $ 200,000.00
Civil No.
05-1-1981-11, First Circuit Settlement
3. DEPARTMENT OF HUMAN
SERVICES:
Kalili v. Department
of Human Services, $ 115,000.00
et al., Civil No.
13-1-0171, Third Circuit Settlement
Lahti, et al. v. State
of Hawaii, et al. $ 450,000.00
Civil No.
08-1-0132(3), Second Circuit Settlement
4. DEPARTMENT OF PUBLIC
SAFETY:
Hopfe v. State of
Hawaii, et al. $ 20,000.00
Civil No.
16-1-0646-04, First Circuit Settlement
Smith v. State of
Hawaii, et al. $ 50,000.00
Civil No. 14-00432
LEK-KSC, USDC Settlement
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SUBTOTAL: $ 870,000.00
TOTAL (Section 1): $ 870,000.00
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 2017-2018 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:
Van Vleet v. Costales,
et al. $ 70,000.00
Civil No.
17-1-0951-06, First Circuit Settlement
Claim of Garrison
Property and Casualty $ 19,312.84
Insurance Company USAA Settlement
Imada v. State of
Hawaii, et al.
Civil No. 14-1-0401K,
Third Circuit
and
Ocampo v. State of
Hawaii, et al. $ 1,300,000.00
Civil No. 16-1-234K,
Third Circuit Settlement
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SUBTOTAL: $ 1,389,312.84
TOTAL (Section 2): $ 1,389,312.84
The
sums appropriated shall be expended by the department of transportation,
highways division, for the purposes of this Act.
PART
III
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 that departments shall 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 Act, as provided in section 662-8, Hawaii
Revised Statutes, for those cases to which that section applies.
SECTION
5. All unexpended and unencumbered
balances of the appropriations made in this Act as of the close of business on
June 30, 2019, 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 that 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.
Report Title:
Claims Against the State; Appropriation
Description:
Makes appropriations for claims against the State, its officers, and its employees. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.