THE SENATE S.B. NO. 3041 THIRTY-FIRST LEGISLATURE, 2022 S.D. 2 STATE OF HAWAII H.D. 1 C.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:
THE SENATE S.B. NO. 3041
THIRTY-FIRST LEGISLATURE, 2022 S.D. 2
STATE OF HAWAII H.D. 1
C.D. 1
THE SENATE
S.B. NO.
3041
THIRTY-FIRST LEGISLATURE, 2022
S.D. 2
STATE OF HAWAII
H.D. 1
C.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 f/k/a Darlene Baculpo $ 1,283.00 Princeville Hotel, LP $383,119.65 Chad Q. Iwamoto $ 33,003.00 Robert Iwamoto QTIP Trust $ 4,605.24 BG Kauai Holdings, LLC $ 1,397.86 Foster Kern, LLC $ 8,500.00 Roger R. Cawagas $ 126.96 Michael S. Vincent $ 85.12 ______________ SUBTOTAL: $433,444.49 2. AGRIBUSINESS DEVELOPMENT CORPORATION: Nā Kia`i Kai v. Nakatani, et al. $132,611.78 Civil No. 18-00005, USDC Settlement ______________ SUBTOTAL: $132,611.78 3. 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 Carol Gallagher, et al. v. Lanihuli $225,000.00 Community Development Corporation, et al. Settlement Civil No. 16-1-1767-09 JPC, First Circuit ______________ SUBTOTAL: $370,736.28 4. 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 Elizabeth Mueller v. Department of Public $4,000,000.00 Safety, et al. Settlement Civil No. 17-00571 HG WRP, USDC Michael J. O'Malley, et al. v. State of $1,375,000.00 Hawaii, et al. Judgment Civil No. 19-1-1021-06, First Circuit ______________ SUBTOTAL: $6,365,540.00 5. 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 6. DEPARTMENT OF EDUCATION: Jane Roe Parent, et al. v. State of Hawaii, $150,000.00 et al. Judgment Civil No. 12-1-0474, Third Circuit ______________ SUBTOTAL: $150,000.00 7. DEPARTMENT OF HAWAIIAN HOME LANDS Kalima, et al. v. State of Hawaii, et al. $328,000,000.00 Civil No. 99-4771-12 LWC, First Settlement Circuit ______________ SUBTOTAL: $328,000,000.00 TOTAL (SECTION 1) $335,577,607.93 PART II SECTION 2. Provided that of the legislative appropriation for the department of transportation for fiscal year 2021-2022 in section 3 of Act 88, Session Laws of Hawaii 2021, the following sum shall be expended from the fiscal year 2021-2022 budget (TRN 595, state highway funds) by the department of transportation for the purpose of satisfying claims for legislative relief as to the following named entity, for claims against the State or its officers or employees for payment of a settlement in the amount set forth opposite its name: JUDGMENTS AGAINST THE STATE AMOUNT AND SETTLEMENTS OF CLAIMS: DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION: Markel American Insurance Company (Maui $138,000.00 Oil Company) Settlement ______________ SUBTOTAL: $138,000.00 TOTAL (SECTION 2) $138,000.00 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 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, 2023, 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. SECTION 7. This Act shall take effect upon its approval.
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 f/k/a Darlene Baculpo $ 1,283.00
Princeville Hotel, LP $383,119.65
Chad Q. Iwamoto $ 33,003.00
Robert Iwamoto QTIP Trust $ 4,605.24
BG Kauai Holdings, LLC $ 1,397.86
Foster Kern, LLC $ 8,500.00
Roger R. Cawagas $ 126.96
Michael S. Vincent $ 85.12
______________
SUBTOTAL: $433,444.49
2. AGRIBUSINESS DEVELOPMENT CORPORATION:
Nā Kia`i Kai v. Nakatani, et al. $132,611.78
Civil No. 18-00005, USDC Settlement
______________
SUBTOTAL: $132,611.78
3. 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
Carol Gallagher, et al. v. Lanihuli $225,000.00
Community Development Corporation, et al. Settlement
Civil No. 16-1-1767-09 JPC, First
Circuit
______________
SUBTOTAL: $370,736.28
4. 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
Elizabeth Mueller v. Department of Public $4,000,000.00
Safety, et al. Settlement
Civil No. 17-00571 HG WRP, USDC
Michael J. O'Malley, et al. v. State of $1,375,000.00
Hawaii, et al. Judgment
Civil No. 19-1-1021-06, First Circuit
______________
SUBTOTAL: $6,365,540.00
5. 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
6. DEPARTMENT OF EDUCATION:
Jane Roe Parent, et al. v. State of Hawaii, $150,000.00
et al. Judgment
Civil No. 12-1-0474, Third Circuit ______________
SUBTOTAL: $150,000.00
7. DEPARTMENT OF HAWAIIAN HOME LANDS
Kalima, et al. v. State of Hawaii, et al. $328,000,000.00
Civil No. 99-4771-12 LWC, First Settlement
Circuit
______________
SUBTOTAL: $328,000,000.00
TOTAL (SECTION 1) $335,577,607.93
PART II
SECTION 2. Provided that of the legislative appropriation for the department of transportation for fiscal year 2021-2022 in section 3 of Act 88, Session Laws of Hawaii 2021, the following sum shall be expended from the fiscal year 2021-2022 budget (TRN 595, state highway funds) by the department of transportation for the purpose of satisfying claims for legislative relief as to the following named entity, for claims against the State or its officers or employees for payment of a settlement in the amount set forth opposite its name:
JUDGMENTS AGAINST THE STATE AMOUNT
AND SETTLEMENTS OF CLAIMS:
DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
Markel American Insurance Company (Maui $138,000.00
Oil Company) Settlement
______________
SUBTOTAL: $138,000.00
TOTAL (SECTION 2) $138,000.00
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 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, 2023, 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.
SECTION 7. 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. (CD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Claims Against the State
Description:
Makes appropriations and approves payments for claims against the State, its officers, and its employees. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.