Bill Text: HI HB2340 | 2024 | Regular Session | Amended
Bill Title: Making Appropriations For Claims Against The State, Its Officers, Or Its Employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-05-03 - Received notice of passage on Final Reading in House (Hse. Com. No. 830). [HB2340 Detail]
Download: Hawaii-2024-HB2340-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2340 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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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. In accordance with section 9 of article VII of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the general fund expenditure ceiling for fiscal year 2023-2024 has already been exceeded by $1,005,342,735 or 9.4 per cent. The appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2023-2024 to be further exceeded by $ or per cent. This declaration takes into account the additional general fund appropriations authorized for fiscal year 2023-2024 in this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriations made in this Act are necessary to serve the public interest; and
(2) The appropriations made in this Act meet the needs addressed by this Act.
PART II
SECTION 2. The following sums or so much thereof as may be necessary for fiscal year 2023-2024 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:
Amy Chang $ 27.00
County of Hawaii, Hawaii Fire Department $ 360,000.00
Employers Insurance Company of Wausau $ 147,657.77
The Estate of Morris A. Inasaki $ 550.00
James X He and Yue-Chuen C. Lin $ 559.00
Laura Ishii $ 120.00
Merrill Lynch Pierce Fenner & Smith $ 13,824.40
Matthew W. Payne $ 445.00
Chaniel Ramo $ 167.00
Two Spirits, Inc. $ 358,413.97
Wallace K. Yashima $ 3,916.04
Wallace Yashima and Hyang-Suk Yashima $ 746.00
Lien
T. Nguyen $ 110.00
Sedring Bulda and Katherine Bulda $
1,236.00
Shirokiya Cosmetics Inc. $ 7,259.00
Jessie J. McMorrow and Kevin B. McMorrow $ 265.00
______________
SUBTOTAL: $ 895,296.18
2. AGRIBUSINESS DEVELOPMENT CORP:
Ohana Best LLC v. State of Hawaii, et al. $ 1,250,000.00
Civil No. 1CC-19-1001640, First Circuit (Settlement)
______________
SUBTOTAL: $ 1,250,000.00
3. DEPARTMENT OF THE ATTORNEY GENERAL:
Rodney Pagba v. Anne E. Lopez, et al. $ 5,707.00
Civil No. 22-cv-00521 JMS-KJM, USDC (Settlement)
Michael Santucci v. City and County $ 28,000.00
of Honolulu, et al. (Judgment)
Civil No. 22-cv-00142 DKW-KJM, USDC
Smith and Wesson v. Hawaii State $ 70,468.07
Department of the Attorney General (Judgment)
Civil No. 1CCV-22-000353, First Circuit
Todd Yukutake, et al. v. Anne E. Lopez $ 50,000.00
Civil No. 22-cv-00323 JAO-WRP, USDC (Judgment)
Schweitzer v. State of Hawaii $ 800,000.00
Civil No. 3CSP-23-0000003, Third Circuit (Settlement)
______________
SUBTOTAL: $ 954,175.07
4. DEPARTMENT OF EDUCATION:
Amanda Kelly v. Debra Farmer, et al. $ 50,000.00
Civil No. 1CCV-20-0000825, First Circuit (Settlement)
John Roe No. 122 v. State of Hawaii, et al. $ 450,000.00
Civil No. 1CCV-19-0002046, First Circuit (Settlement)
Ralphielyn L.M. Gaston-Lovell v. State of $ 550,000.00
Hawaii, Department of Education (Settlement)
Civil No. 3CCV-22-0000163, Third Circuit
A.B. v. Department of Education $ 1,000,000.00
Civil No. 18-00477 LEK-RT, USDC (Settlement)
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SUBTOTAL: $ 2,050,000.00
5. DEPARTMENT OF LAND AND NATURAL RESOURCES:
Courtney Ledford v. Ethan Ferguson, et al. $ 1,250,000.00
Civil No. 17-1-0416, Third Circuit (Settlement)
Pamela Ann Flanagin (Personal Representative) $ 300,000.00
v. State of Hawaii (Settlement)
Civil No. 1CC191000173, First Circuit
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SUBTOTAL: $ 1,550,000.00
6. DEPARTMENT OF PUBLIC SAFETY:
Civil Beat Law Center for the Public Interest $ 401.00
v. Department of Public Safety (Settlement)
Civil No. 1CCV-23-0000943, First Circuit
Kevin A. Lifoifoi v. State of Hawaii, $ 60,000.00
Department of Public Safety (Settlement)
Civil No. 2CCV-21-0000067(2), Second Circuit
Leinette Reyes, et al. v. Eric Tanaka $ 2,000,000.00
Civil No. 17-cv-00143 JAO-KJM, USDC (Settlement)
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SUBTOTAL: $ 2,060,401.00
7. HAWAII PUBLIC HOUSING AUTHORITY:
Edwin Kalamau, Sr. v. $ 107,695.12
State of Hawaii, et al. (Judgment)
Civil No. 1CCV-22-0000701, First Circuit
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SUBTOTAL: $ 107,695.12
8. DEPARTMENT OF HUMAN SERVICES:
Sherri-Ann Garett v. State of Hawaii, $ 750,000.00
Department of Human Services (Settlement)
Civil No. 19-1-008K, Third Circuit
C.K., J.M., and T.M. v. Department of $ 1,800,000.00
Human Services (Settlement)
Civil No. 1ccv-20-0000641, First Circuit
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SUBTOTAL: $ 2,550,000.00
TOTAL (SECTION 2): $11,417,567.37
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
PART III
SECTION 3. The following sums or so much thereof as may be necessary for fiscal year 2023-2024 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:
Michelle Banks, et al. v. $ 3,900,000.00
State of Hawaii, et al., (Settlement)
Civil No. 1CCV-22-0000089, First Circuit
Bianca Chavez v. Department of $ 125,000.00
Transportation, et al., (Settlement)
Civil No. 1CC191001542, First Circuit
David Lawrence, et al. v. State of Hawaii $ 2,950,000.00
Civil No. 2CCV-22-0000273, Second Circuit (Settlement)
Patrick Mitchell, et al. v. $ 125,000.00
State of Hawaii, et al., (Settlement)
Civil No. 3CCV-20-0000024, Third Circuit
Charles David Yandell, et al. v. State of $ 100,000.00
Hawaii Department of Transportation, et al., (Settlement)
Civil No. 5CCV-21-0000100, Fifth Circuit
Violet Fontes-Ringor v. State of $ 150,000.00
Hawaii Department of Transportation, et al., (Settlement)
Civil No. 1CCV-23-0000768, First Circuit
Allstate Insurance Company v. State of $ 35,961.64
Hawaii Department of Transportation, (Settlement)
Civil No. 1CCV-23-0000397, First Circuit
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SUBTOTAL: $ 7,385,961.64
TOTAL (SECTION 3): $ 7,385,961.64
The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.
PART IV
SECTION 4. 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 5. 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 6. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2025, shall lapse.
SECTION 7. 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.
SECTION 8. 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.
