THE SENATE

S.B. NO.

3041

THIRTY-FIRST LEGISLATURE, 2022

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

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 2021-2022 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:

 

     Sang Chol Bang                              $        40.65

 

     Rodney Baculpo                              $     1,283.01

 

     Darlene Vicente fka Darlene Baculpo          $     1,283.00

     Princeville Hotel, LP                       $   383,119.65

                                                ______________

 

     SUBTOTAL:                                   $   385,726.31

 

     TOTAL (SECTION 1):                          $   385,726.31

 

     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 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:

 

     Nā Kia‘i Kai v. Nakatani, et al.             $   132,611.78

     Civil No. 18-00005, USDC                        Settlement

                                                ______________

 

     SUBTOTAL:                                   $   132,611.78

 

     TOTAL (SECTION 2):                          $   132,611.78

 

     Provided that of legislative appropriation item            for the department of agriculture for fiscal year 2021-2022 in section 3 of Act 88, Session Laws of Hawaii 2021, the general fund sum of $132,611.78 shall be expended from the fiscal year 2021-2022 budget (AGR           , general funds) by the department of agriculture 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 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:

 

     Kaupiko, et al. v. Dept. of Land             $   145,736.28
     and Natural Resources, State of Hawaii          Settlement      Civil No. 20-0000125; First Circuit

     Civil No. CAAP-21-0000374,
     Intermediate Court of Appeals

                                                ______________

    

     SUBTOTAL:                                   $   145,736.28

 

     TOTAL (SECTION 3):                          $   145,736.28

 

     Provided that of legislative appropriation item            for the department of land and natural resources for fiscal year 2021-2022 in section 3 of Act 88, Session Laws of Hawaii 2021, the general fund sum of $145,736.28 shall be expended from the fiscal year 2021-2022 budget (LNR           , general funds) by the department of land and natural resources 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 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:

 

     Anthony Chatman, et al. v. Max N. Otani      $   250,540.00

     Civil No. 21-00268 JAO KJM; USDC                Settlement

 

     Curt K.K. Tokunaga, et al. v. Dept.          $   150,000.00

     of Public Safety, State of Hawaii                Settlement

     Civil No. 18-1-0982-06, First Circuit

 

     Faatalale Auelua v. State of Hawaii          $    40,000.00

     Civil No. 17-1-0802-05 GWBC; First Circuit      Settlement

 

     HELG Administrative Services, LLC, as        $   550,000.00

     Special Administrator of the Estate of           Settlement

     Daisy L. Kasitati, deceased, et al. v.

     Dept. of Public Safety, State of Hawaii

     Civil No. 19-1-0348(2), Second Circuit

                                                ______________

    

     SUBTOTAL:                                   $   990,540.00

 

     TOTAL (SECTION 4):                          $   990,540.00

 

     Provided that of legislative appropriation item            for the department of public safety for fiscal year 2021-2022 in section 3 of Act 88, Session Laws of Hawaii 2021, the general fund sum of $990,540.00 shall be expended from the fiscal year 2021-2022 budget (PSD           , general funds) by the department of public safety 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.   STATE PUBLIC CHARTER SCHOOL COMMISSION:

 

     UPW on behalf of James Ah Sing v.            $   125,275.38

     Christina Kishimoto, et al.                        Judgment

     Case No. CE-01-539,

     Hawaii Labor Relations Board

                                                ______________

    

     SUBTOTAL:                                   $   125,275.38

 

     TOTAL (SECTION 5):                          $   125,275.38

 

     Provided that of legislative appropriation item            for the department of education for fiscal year 2021-2022 in section 3 of Act 88, Session Laws of Hawaii 2021, the general fund sum of $125,275.38 shall be expended from the fiscal year 2021-2022 budget (EDN           , general funds) by the department of education for the purposes of this Act.

PART VI

     SECTION 6.  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 7.  All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2023, shall lapse.

     SECTION 8.  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 9.  This Act shall take effect on January 1, 2222.

 

Report Title:

Claims Against the State

 

Description:

Makes appropriations and approves payments for claims against the State, its officers, and its employees.  Effective 1/1/2222.  (HD1)

 

 

 

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