Bill Text: HI SB2844 | 2020 | Regular Session | Amended
Bill Title: Making Appropriations For Claims Against The State, Its Officers, Or Its Employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-08-10 - Act 011, on 08/07/2020 (Gov. Msg. No. 1115). [SB2844 Detail]
Download: Hawaii-2020-SB2844-Amended.html
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THE SENATE |
S.B. NO. |
2844 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
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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:
PART I
SECTION 1. The following sums or so much thereof as may be necessary for fiscal year 2019-2020 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:
Grace Blevins $ 400.28
Kathleen A. Kehlor Harper $ 809.11
John and Deborah Mar $ 866.75
Judith Ross $ 578.40
Barbara H. Ursal $ 289.20
______________
SUBTOTAL: $ 2,943.74
TOTAL (SECTION 1): $ 2,943.74
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 2019-2020 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:
1. Hayselden, et al.
v. State of Hawaii, et al. $ 300,000.00
Civil No. 17-1-0204, Third Circuit
Settlement
2. Vares, et al. v.
State of Hawaii, et al. $ 650,000.00
Civil No. 16-1-0512-03, First Circuit Settlement
______________
SUBTOTAL: $ 950,000.00
TOTAL (SECTION 2) $ 950,000.00
The sums appropriated shall be expended by
the department of transportation, highways division, for the purposes of this
Act.
PART III
SECTION 3. The 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:
Zhang v. State of Hawaii, et al. $ 130,000.00
Civil No. 19-1-0824-05, First Circuit Settlement
______________
SUBTOTAL $ 130,000.00
TOTAL (SECTION 3) $ 130,000.00
Provided that of legislative appropriation item
G-2 for the department of education for fiscal year 2019-2020 in section 3 of Act
5, Session Laws of Hawaii 2019, the general fund sum of $130,000 shall be expended
from the fiscal year 2019-2020 budget (EDN 150, general funds) by the department
of education for the purposes of this Act.
PART IV
SECTION 4. The legislature finds and declares that the following claims for legislative relief recommended for approval as to the following named persons 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:
Ching et al. v. Case, et al. $ 9,514.99
Civil No. 14-1-1085-04, First Circuit Judgment
Gold Coast Neighborhood Association v. $ 13,160.94
State of Hawaii, Civil No. 07-1-1122-06 Judgment
First Circuit
Keauhou Canoe Club v. Department of Land $ 9,918.58
and Natural Resources, et al. Judgment
Civil No. 13-1-678K, Third Circuit
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SUBTOTAL $ 32,594.51
TOTAL (SECTION 4) $ 32,594.51
Provided that of legislative appropriation item
D-9 for the department of land and natural resources for fiscal year 2019-2020 in
section 3 of Act 5, Session Laws of Hawaii 2019, the general fund sum of $32,594.51
shall be expended from the fiscal year 2019-2020 budget (LNR 906, general funds)
by the department of land and natural resources 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 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:
Shiira v. State of
Civil No. 13-1-0331, Fifth Circuit Judgment
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SUBTOTAL $ 44,946.75
TOTAL (SECTION 5) $ 44,946.75
Provided that of legislative appropriation item
I-5 for the department of public safety for fiscal year 2019-2020 in section 3 of
Act 5, Session Laws of Hawaii 2019, the general fund sum of $44,946.75 shall be
expended from the fiscal year 2019-2020 budget (PSD 406, general funds) by the department
of public safety for the purposes of this Act.
PART VI
SECTION 6. 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 departments shall obtain the approval of the attorney general before payment of any claim can be made.
SECTION 7. 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 8. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2021, shall lapse.
SECTION 9. 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 10. This Act shall take effect upon its approval.
Report Title:
Claims Against the State
Description:
Makes appropriations and approves payments for claims against the State, its officers, and its employees. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
