THE SENATE |
S.B. NO. |
1277 |
THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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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:
SECTION 1. The following sums or so much thereof as may be necessary for fiscal year 2022-2023 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:
Kelly and Robert Armstrong $ 100,333.33
Community Empowerment Resources $ 153,110.25
Garry A. Harsanyi and Kimberly M. Harsanyi $ 406.00
Interval International Inc. $3,078,145.74
Ding Jing $ 118,524.00
Kailua Local Cab Inc. $ 2,019.71
Michael Shiira $ 902.00
Morgan Stanley Smith Barney Holdings LLC $ 239,927.00
Mercedes Nakaza $ 94.46
Jyron Salamanca $ 1,992.30
Saltchuk Resources, Inc. $ 550,000.00
Tamura Enterprises, Inc. $ 1,464.22
The Estate of Take Yamashiro $ 4,777.03
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SUBTOTAL: $ 4,251,696.04
2. DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
Claim of Allison D. Wong Daniel $ 55,000.00
Settlement
Frances Kaluhiwa v. State of Hawaii $ 275,000.00
Civil No. 1CCV-20-0000638, First Circuit Settlement
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SUBTOTAL: $ 330,000.00
3. DEPARTMENT OF THE ATTORNEY GENERAL:
Honolulu Civil Beat Inc. v. Department $ 79,199.38
of the Attorney General, Judgment
SCAP-21-0000057;
Civil No. 1CC-16-1-001743, First Circuit
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SUBTOTAL: $ 79,199.38
4. DEPARTMENT OF EDUCATION:
Kristen Kam, et al. v. State of Hawaii $ 250,000.00
Board of Education, et al. Settlement
Civil No. 21-00211 JAO-KJM, USDC
Cipriano Millano, et al. v. $ 750,000.00
State of Hawaii, et al. Settlement
Civil No. 2CC-13-1-000031, Second Circuit
Roe No. 113 v. State of Hawaii $ 450,000.00
Civil No. 1CC-19-1-000460, First Circuit Settlement
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SUBTOTAL: $1,450,000.00
5. DEPARTMENT OF HUMAN SERVICES
E.F. v. State of Hawaii, Department of $ 35,000.00
Human Services, et al. Settlement
Civil No. 1CCV-20-0000497, First Circuit
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SUBTOTAL: $ 35,000.00
6. DEPARTMENT OF LAND AND NATURAL RESOURCES
Mary Chang, et al. v. $ 830,000.00
State of Hawaii, et al. Settlement
Civil No. 1CCV-21-0000913, First Circuit
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SUBTOTAL: $ 830,000.00
7. DEPARTMENT OF PUBLIC SAFETY
Eric Yoshioka v. State of Hawaii $ 37,500.00
Civil No. 17-1-1435-09, First Circuit Settlement
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SUBTOTAL: $ 37,500.00
8. STATE PUBLIC CHARTER SCHOOL COMMISSION
Beth Bulgeron v. The Hawaii State Public $ 58,000.00
Charter School Commission, et al. Settlement
Civil No. 1CCV-20-0001620, First Circuit
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SUBTOTAL: $ 58,000.00
TOTAL (SECTION 1): $7,071,395.42
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 2022-2023 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:
JUDGMENTS AGAINST THE STATE AMOUNT
AND SETTLEMENTS OF CLAIMS:
DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
Satya Simmons, et al. v. $ 500,000.00
State of Hawaii, et al. Settlement
Civil No. 2CC-17-1-000224,
Second Circuit
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SUBTOTAL: $ 500,000.00
TOTAL (SECTION 2): $ 500,000.00
The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.
PART III
SECTION 3. The sums hereinabove may be paid to the respective persons, firms, corporations, or entities 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 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 the 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 5. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2024, 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.
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. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.