THE SENATE

S.B. NO.

2844

THIRTIETH LEGISLATURE, 2020

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

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 2019-2020 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.   MISCELLANEOUS CLAIMS:

 

     Grace Blevins                                $       400.28

 

     Kathleen A. Kehlor Harper                    $       809.11

 

     John and Deborah Mar                         $       866.75

     Judith Ross                                  $       578.40

 

     Barbara H. Ursal                             $       289.20

                                                  ______________

 

     SUBTOTAL:                                    $     2,943.74

 

     TOTAL (SECTION 1):                           $     2,943.74

     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 2019-2020 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 amounts set forth opposite their names:

JUDGMENTS AGAINST THE STATE                            AMOUNT

AND SETTLEMENTS OF CLAIMS:

 

DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:

 

1.   Hayselden, et al. v. State of Hawaii, et al. $   300,000.00

     Civil No. 17-1-0204, Third Circuit               Settlement

 

2.   Vares, et al. v. State of Hawaii, et al.     $   650,000.00

     Civil No. 16-1-0512-03, First Circuit            Settlement

                                                  ______________

 

     SUBTOTAL:                                    $   950,000.00

     TOTAL (SECTION 2)                            $   950,000.00

     The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.

PART III

     SECTION 3.  The legislature finds and declares that the following claim for legislative relief recommended for approval as to the following named person for claims against the State or the department of education or its officers or employees for the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their name, is approved for payment:

JUDGMENTS AGAINST THE STATE                                                                    AMOUNT

AND SETTLEMENTS OF CLAIMS:

 

1.   DEPARTMENT OF EDUCATION:

 

     Zhang v. State of Hawaii, et al.             $   130,000.00

     Civil No. 19-1-0824-05, First Circuit           Settlement

                                                  ______________

 

     SUBTOTAL                                     $   130,000.00

 

     TOTAL (SECTION 3)                            $   130,000.00

     Provided that of legislative appropriation item G-2 for the department of education for fiscal year 2019-2020 in section 3 of Act 5, Session Laws of Hawaii 2019, the general fund sum of $130,000 shall be expended from the fiscal year 2019-2020 budget (EDN 150, general funds) by the department of education for the purposes of this Act.

PART IV

     SECTION 4.  The legislature finds and declares that the following claims for legislative relief recommended for approval as to the following named persons for claims against the State or the department of land and natural resources or its officers or employees for the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their name, is approved for payment:

JUDGMENTS AGAINST THE STATE                                                                    AMOUNT

AND SETTLEMENTS OF CLAIMS:

 

1.   DEPARTMENT OF LAND AND NATURAL RESOURCES:

 

     Ching et al. v. Case, et al.                 $     9,514.99

     Civil No. 14-1-1085-04, First Circuit             Judgment

 

     Gold Coast Neighborhood Association v.       $    13,160.94

     State of Hawaii, Civil No. 07-1-1122-06            Judgment

     First Circuit

 

     Keauhou Canoe Club v. Department of Land     $     9,918.58

     and Natural Resources, et al.                     Judgment

     Civil No. 13-1-678K, Third Circuit

                                                  ______________

 

     SUBTOTAL                                     $    32,594.51

 

     TOTAL (SECTION 4)                            $    32,594.51

     Provided that of legislative appropriation item D-9 for the department of land and natural resources for fiscal year 2019-2020 in section 3 of Act 5, Session Laws of Hawaii 2019, the general fund sum of $32,594.51 shall be expended from the fiscal year 2019-2020 budget (LNR 906, general funds) by the department of land and natural resources for the purposes of this Act.

PART V

     SECTION 5.  The legislature finds and declares that the following claim for legislative relief recommended for approval as to the following named person for claims against the State or the department of public safety or its officers or employees for the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their name, is approved for payment:

JUDGMENTS AGAINST THE STATE                                                                    AMOUNT

AND SETTLEMENTS OF CLAIMS:

 

1.   DEPARTMENT OF PUBLIC SAFETY:

 

     Shiira v. State of Hawaii, et al.            $    44,946.75

     Civil No. 13-1-0331, Fifth Circuit                Judgment

                                                  ______________

 

     SUBTOTAL                                     $    44,946.75

 

     TOTAL (SECTION 5)                            $    44,946.75

     Provided that of legislative appropriation item I-5 for the department of public safety for fiscal year 2019-2020 in section 3 of Act 5, Session Laws of Hawaii 2019, the general fund sum of $44,946.75 shall be expended from the fiscal year 2019-2020 budget (PSD 406, general funds) by the department of public safety for the purposes of this Act.

PART VI

     SECTION 6.  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 7.  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 8.  All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2021, shall lapse.

     SECTION 9.  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 10.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Claims Against the State

 

Description:

Makes appropriations and approves payments for claims against the State, its officers, and its employees.  Effective 7/1/2050.  (SD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.