STAND.
COM. REP. NO. 1257-22
Honolulu, Hawaii
, 2022
RE: S.B. No. 3041
S.D. 2
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2022
State of Hawaii
Sir:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 3041, S.D. 2, entitled:
"A BILL FOR AN ACT MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES,"
begs leave to report as follows:
Your Committee finds that the Department of the Attorney General testified that it has advised its client agencies on how to avoid claims such as those included in this measure.
Your Committee has amended this measure by:
(1) Appropriating:
(A) $40.65 in general funds for a claim by Sang Chol Bang;
(B) $1,283.01 in general funds for a claim by Rodney Baculpo;
(C) $1,283 in general funds for a claim by Darlene Vicente fka Darlene Baculpo;
(D) $383,119.65 in general funds for a claim by Princeville Hotel, LP;
(E) $132,611.78 from the Department of Agriculture's
operating budget for a settlement in the case of Nā Kia‘i Kai v. Nakatani, et al.;
(F) $145,736.28
from the Department of Land and Natural Resources' operating budget for a
settlement in the case of Kaupiko, et al. v. Dept. of Land and Natural
Resources, State of Hawaii;
(G) $250,540
from the Department of Public Safety's operating budget for a settlement in the
case of Anthony Chatman, et al. v. Max N. Otani;
(H) $150,000
from the Department of Public Safety's operating budget for a settlement in the
case of Curt K.K. Tokunaga, et al. v. Dept. of Public Safety, State of Hawaii;
(I) $40,000
from the Department of Public Safety's operating budget for a settlement in the
case of Faatalale Auelua v. State of Hawaii;
(J) $550,000
from the Department of Public Safety's operating budget for a settlement in the
case of HELG Administrative Services, LLC, as Special Administrator of the Estate
of Daisy L. Kasitati, deceased, et al. v. Dept. of Public Safety, State of Hawaii;
and
(K) $125,275.38
from the Department of Education's operating budget for a judgment in the case
of UPW on behalf of James Ah Sing v. Christina Kishimoto, et al.;
(2) Deleting language that authorized the payment of claims to the respective persons, or for the satisfaction or settlement of the respectively identified cases, in several amounts or in lesser amounts deemed appropriate, upon checks issued by the Comptroller, subject to the approval of the Attorney General;
(3) Changing the effective date to January 1, 2222, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee notes that the $125,275.38 judgment in the case of UPW on behalf of James Ah Sing v. Christina Kishimoto, et al., should be paid by the Department of Education rather than the State Public Charter School Commission.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3041, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3041, S.D. 2, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ MARK M. NAKASHIMA, Chair |
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