THE SENATE

S.B. NO.

1039

THIRTY-FIRST LEGISLATURE, 2021

S.D. 1

STATE OF HAWAII

H.D. 2

 

 

 

 

 

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 2020-2021 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:

 

     Gregory Au                                  $       240.00

 

     Caitlyn LD Cagaoan                          $        50.00

 

     Christopher Carreon                         $       815.40

     Holiday Jewelers of Hawaii, Inc.             $     1,080.21

 

     Melvin Ishizu                                $     6,041.40

 

     Robert D. Linn                              $       728.00

 

     Matthew Lutey                               $        94.00

 

     Mercede Nacion                              $       150.00

 

     Barbara J. Nakagawa                         $        75.00

 

     Donna Noguchi                               $       503.00

 

     Leon Richards                                $     2,297.45

 

     Gregory and Sarah Rocheleau                  $     1,367.00

 

     Jerome and Anne Ryan                        $     5,536.61

 

     Waste Management of Hawaii, Inc.             $    15,654.47

 

     Lana Wold                                   $     2,105.55

                                                ______________

 

     SUBTOTAL:                                   $    36,738.09

 

     TOTAL (SECTION 1):                          $    36,738.09

     The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

PART II

     SECTION 2.  The 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 accounting and general services 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.   ALOHA STADIUM AUTHORITY:

 

     Williams v. Aloha Stadium, et al.            $    75,000.00

     Civil No. 19-1-0762-05, First Circuit            Settlement

                                                ______________

 

     SUBTOTAL                                    $    75,000.00

 

     TOTAL (SECTION 2):                          $    75,000.00

     Provided that of legislative appropriation item H-9 for the department of accounting and general services for fiscal year 2020-2021 in section 3 of Act 5, Session Laws of Hawaii 2019, as amended by section 3 of Act 7, Session Laws of Hawaii 2020, and section 1 of Act 9, Session Laws of Hawaii 2020, the special fund sum of $75,000.00 shall be expended from the fiscal year 2020-2021 budget (AGS 889, special funds) by the department of accounting and general services 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 agriculture 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.   AGRIBUSINESS DEVELOPMENT CORPORATION:

 

     Na Kia‘i Kai v. Nakatani, et al.             $   131,849.15

     Civil No. 18-00005, USDC                        Settlement

                                                ______________

 

     SUBTOTAL                                    $   131,849.15

 

     TOTAL (SECTION 3):                          $   131,849.15

     Provided that of legislative appropriation item A-14 for the department of agriculture for fiscal year 2020-2021 in section 3 of Act 5, Session Laws of Hawaii 2019, as amended by section 3 of Act 7, Session Laws of Hawaii 2020, and section 1 of Act 9, Session Laws of Hawaii 2020, the general fund sum of $131,849.15 shall be expended from the fiscal year 2020-2021 budget (AGR 161, general funds) by the department of agriculture for the purposes of this Act.

PART IV

     SECTION 4.  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 the attorney general 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 THE ATTORNEY GENERAL:

 

     Nickel v. Connors, et al.                   $     5,000.00

     Civil No. 20-00330, USDC                         Settlement

                                                ______________

 

     SUBTOTAL                                    $     5,000.00

 

     TOTAL (SECTION 4):                          $     5,000.00

     Provided that of legislative appropriation item K-19 for the department of the attorney general for fiscal year 2020-2021 in section 3 of Act 5, Session Laws of Hawaii 2019, as amended by section 3 of Act 7, Session Laws of Hawaii 2020, and section 1 of Act 9, Session Laws of Hawaii 2020, the general fund sum of $5,000.00 shall be expended from the fiscal year 2020-2021 budget (ATG 100, general funds) by the department of the attorney general 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 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:

 

     Chavis v. State of Hawaii, et al.            $    77,000.00

     Civil No. 17-1-1455-09, First Circuit            Settlement

 

Kenigton v. State of Hawaii, et al.          $    80,000.00

Civil No. 18-1-1443-09, First Circuit            Settlement

 

     Yoon v. State of Hawaii, et al.             $    70,000.00

     Civil No. 15-1-1664-08, First Circuit            Settlement

                                                ______________

     SUBTOTAL                                    $   227,000.00

 

     TOTAL (SECTION 5):                          $   227,000.00

     Provided that of legislative appropriation item G-1 for the department of education for fiscal year 2020-2021 in section 3 of Act 5, Session Laws of Hawaii 2019, as amended by section 3 of Act 7, Session Laws of Hawaii 2020, and section 1 of Act 9, Session Laws of Hawaii 2020, the general fund sum of $227,000.00 shall be expended from the fiscal year 2020-2021 budget (EDN 100, general funds) by the department of education for the purposes of this Act.

PART VI

     SECTION 6.  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:

 

Unga v. Board of Education, et al.           $    8,250.00

Civil No. 20-0000576, First Circuit             Settlement

                                                ______________

 

     SUBTOTAL                                    $     8,250.00

 

     TOTAL (SECTION 6):                          $     8,250.00

     Provided that of legislative appropriation item G-4 for the department of education for fiscal year 2020-2021 in section 3 of Act 5, Session Laws of Hawaii 2019, as amended by section 3 of Act 7, Session Laws of Hawaii 2020, and section 1 of Act 9, Session Laws of Hawaii 2020, the general fund sum of $8,250.00 shall be expended from the fiscal year 2020-2021 budget (EDN 300, general funds) by the department of education for the purposes of this Act.

PART VII

     SECTION 7.  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 Hawaiian home lands 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 HAWAIIAN HOME LANDS:

 

     Kalima, et al. v. State of Hawaii, et al.    $   370,418.91

     Case No. 18-0000068, Supreme Court of the         Judgement

     State of Hawaii                             ______________

 

     SUBTOTAL                                    $   370,418.91

 

     TOTAL (SECTION 7):                          $   370,418.91

     Provided that of legislative appropriation item F-24 for the department of Hawaiian home lands for fiscal year 2020-2021 in section 3 of Act 5, Session Laws of Hawaii 2019, as amended by section 3 of Act 7, Session Laws of Hawaii 2020, and section 1 of Act 9, Session Laws of Hawaii 2020, the general fund sum of $370,418.91 shall be expended from the fiscal year 2020-2021 budget (HHL 625, general funds) by the department of Hawaiian home lands for the purposes of this Act.

PART VIII

     SECTION 8.  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 health 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 HEALTH:

 

     Dasalia, et al. v. Onaka, et al.             $    44,903.62

     Civil No. 13-1-0373-02, First Circuit             Judgment

                                                ______________

 

     SUBTOTAL                                    $    44,903.62

 

     TOTAL (SECTION 8):                          $    44,903.62

     Provided that of legislative appropriation item E-22 for the department of health for fiscal year 2020-2021 in section 3 of Act 5, Session Laws of Hawaii 2019, as amended by section 3 of Act 7, Session Laws of Hawaii 2020, and section 1 of Act 9, Session Laws of Hawaii 2020, the general fund sum of $44,903.62 shall be expended from the fiscal year 2020-2021 budget (HTH 760, general funds) by the department of health for the purposes of this Act.

PART IX

     SECTION 9.  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 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:

 

     Mahuka, et al. v. Mansker, et al.            $   115,000.00

     Civil No. 17-1-0973-06, First Circuit            Settlement

                                                ______________

    

     SUBTOTAL                                    $   115,000.00

 

     TOTAL (SECTION 9):                          $   115,000.00

     Provided that of legislative appropriation item D-9 for the department of land and natural resources for fiscal year 2020‑2021 in section 3 of Act 5, Session Laws of Hawaii 2019, as amended by section 3 of Act 7, Session Laws of Hawaii 2020, and section 1 of Act 9, Session Laws of Hawaii 2020, the general fund sum of $115,000.00 shall be expended from the fiscal year 2020-2021 budget (LNR 906, general funds) by the department of land and natural resources for the purposes of this Act.

PART X

     SECTION 10.  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:

 

     Iuli v. State of Hawaii, et al.             $   100,000.00

     Civil No. 19-1-0634-04, First Circuit            Settlement

                                                ______________

 

     SUBTOTAL                                    $   100,000.00

 

     TOTAL (SECTION 10):                         $   100,000.00

     Provided that of legislative appropriation item I-8 for the department of public safety for fiscal year 2020-2021 in section 3 of Act 5, Session Laws of Hawaii 2019, as amended by section 3 of Act 7, Session Laws of Hawaii 2020, and section 1 of Act 9, Session Laws of Hawaii 2020, the general fund sum of $100,000.00 shall be expended from the fiscal year 2020-2021 budget (PSD 409, general funds) by the department of public safety for the purposes of this Act.

PART XI

     SECTION 11.  The following sums or so much thereof as may be necessary for fiscal year 2020-2021 are appropriated out of the general revenues of the State of Hawaii to the state charter school commission 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.   HAWAII STATE PUBLIC CHARTER SCHOOL COMMISSION:

 

     Miller-Potter v. State of Hawaii, et al.     $    75,000.00

     Civil No. 16-1-0385K, Third Circuit              Settlement

 

HGEA/AFSCME on Behalf of Ardith Renteria,    $    74,053.25

     and Charter Volcano School of                     Judgment

     Arts and Sciences                           ______________

     SUBTOTAL                                    $   149,053.25

 

     TOTAL (SECTION 11):                         $   149,053.25

 

     The sums appropriated shall be expended by the state public charter school commission for the purposes of this Act.

PART XII

     SECTION 12.  The following sums or so much thereof as may be necessary for fiscal year 2020-2021 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:

 

     Link v. State of Hawaii                      $    50,000.00

     Civil No. 20-0000681, First Circuit             Settlement

 

Siu, et al. v. State of Hawaii              $   995,000.00 Civil No. 16-1-1230-06, First Circuit             Settlement

                                                ______________

    

     SUBTOTAL                                    $ 1,045,000.00

 

     TOTAL (SECTION 12):                         $ 1,045,000.00

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

PART XIII

     SECTION 13.  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 may be made.

     SECTION 14.  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 15.  All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2022, shall lapse.

     SECTION 16.  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 17.  This Act shall take effect on July 1, 3021.

 

Report Title:

Claims Against the State; Appropriations

 

Description:

Makes appropriations and approves payments for claims against the State, its officers, and its employees.  Effective 7/1/3021.  (HD2)

 

 

 

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