Hawaii 2023 Regular Session

Hawaii Senate Bill SB1277 Compare Versions

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1-THE SENATE S.B. NO. 1277 THIRTY-SECOND LEGISLATURE, 2023 S.D. 2 STATE OF HAWAII 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:
1+THE SENATE S.B. NO. 1277 THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 STATE OF HAWAII 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:
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33 THE SENATE S.B. NO. 1277
4-THIRTY-SECOND LEGISLATURE, 2023 S.D. 2
4+THIRTY-SECOND LEGISLATURE, 2023 S.D. 1
55 STATE OF HAWAII
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77 THE SENATE
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99 S.B. NO.
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1111 1277
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1313 THIRTY-SECOND LEGISLATURE, 2023
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15+S.D. 1
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1717 STATE OF HAWAII
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3131 A BILL FOR AN ACT
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3737 MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES.
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4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47- PART I 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 Mercedes Nakaza $ 94.46 Jyron Salamanca $ 1,992.30 The Estate of Take Yamashiro $ 4,777.03 Community Empowerment Resources $ 153,110.25 Ding Jing $ 118,524.00 Morgan Stanley Smith Barney Holdings LLC $ 239,927.00 Saltchuk Resources, Inc. $ 550,000.00 ______________ SUBTOTAL: $ 1,168,758.37 2. DEPARTMENT OF THE ATTORNEY GENERAL: Honolulu Civil Beat Inc. v. Department $ 79,199.38 of the Attorney General, (Judgment) SCAP-21-00000057; Civil No. 1CC-16-1-001743, First Circuit ______________ SUBTOTAL: $ 79,199.38 3. 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 ______________ SUBTOTAL: $1,450,000.00 4. 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 ______________ SUBTOTAL: $ 35,000.00 5. DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES: Claim of Allison D. Wong Daniel $ 55,000.00 Settlement ______________ SUBTOTAL: $ 55,000.00 TOTAL (SECTION 1): $2,787,957.75 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 ______________ 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. SECTION 7. This Act shall take effect on July 1, 2050.
47+ PART I 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 Mercedes Nakaza $ 94.46 Jyron Salamanca $ 1,992.30 The Estate of Take Yamashiro $ 4,777.03 Community Empowerment Resources $ 153,110.25 Ding Jing $ 118,524.00 ______________ SUBTOTAL: $ 378,831.37 2. DEPARTMENT OF THE ATTORNEY GENERAL: Honolulu Civil Beat Inc. v. Department $ 79,199.38 of the Attorney General, (Judgment) SCAP-21-00000057; Civil No. 1CC161001743 JMT ______________ SUBTOTAL: $ 79,199.38 3. 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 ______________ SUBTOTAL: $1,450,000.00 4. 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 ______________ SUBTOTAL: $ 35,000.00 TOTAL (SECTION 1): $1,943,030.75 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. 2CC171000224, Second Circuit ______________ 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. SECTION 7. This Act shall take effect upon its approval.
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4949 PART I
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5151 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:
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5353 JUDGMENTS AGAINST THE STATE AMOUNT
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5555 AND SETTLEMENTS OF CLAIMS:
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5959 1. MISCELLANEOUS CLAIMS:
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6363 Kelly and Robert Armstrong $ 100,333.33
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6767 Mercedes Nakaza $ 94.46
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7171 Jyron Salamanca $ 1,992.30
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7373 The Estate of Take Yamashiro $ 4,777.03
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7777 Community Empowerment Resources $ 153,110.25
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8181 Ding Jing $ 118,524.00
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85- Morgan Stanley Smith Barney Holdings LLC $ 239,927.00
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89- Saltchuk Resources, Inc. $ 550,000.00
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9183 ______________
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95- SUBTOTAL: $ 1,168,758.37
87+ SUBTOTAL: $ 378,831.37
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9991 2. DEPARTMENT OF THE ATTORNEY GENERAL:
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10395 Honolulu Civil Beat Inc. v. Department $ 79,199.38
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10597 of the Attorney General, (Judgment)
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107- SCAP-21-00000057;
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109- Civil No. 1CC-16-1-001743, First Circuit
99+ SCAP-21-00000057; Civil No. 1CC161001743 JMT
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111101 ______________
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115105 SUBTOTAL: $ 79,199.38
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119109 3. DEPARTMENT OF EDUCATION:
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123113 Kristen Kam, et al. v. State of Hawaii $ 250,000.00
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125115 Board of Education, et al. Settlement
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127117 Civil No. 21-00211 JAO-KJM, USDC
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131121 Cipriano Millano, et al. v. $ 750,000.00
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133123 State of Hawaii, et al. Settlement
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135125 Civil No. 2CC-13-1-000031, Second Circuit
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139129 Roe No. 113 v. State of Hawaii $ 450,000.00
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141131 Civil No. 1CC-19-1-000460, First Circuit Settlement
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143133 ______________
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147137 SUBTOTAL: $1,450,000.00
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151141 4. DEPARTMENT OF HUMAN SERVICES
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155145 E.F. v. State of Hawaii, Department of $ 35,000.00
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157147 Human Services, et al. Settlement
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159149 Civil No. 1CCV-20-0000497, First Circuit
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161151 ______________
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165155 SUBTOTAL: $ 35,000.00
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169-5. DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
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173- Claim of Allison D. Wong Daniel $ 55,000.00
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175- Settlement
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181- SUBTOTAL: $ 55,000.00
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185- TOTAL (SECTION 1): $2,787,957.75
159+ TOTAL (SECTION 1): $1,943,030.75
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189163 The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
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191165 PART II
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193167 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:
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195169 JUDGMENTS AGAINST THE STATE AMOUNT
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197171 AND SETTLEMENTS OF CLAIMS:
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201175 DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
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205179 Satya Simmons, et al. v. $ 500,000.00
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207181 State of Hawaii, et al. Settlement
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209- Civil No. 2CC-17-1-000224, Second Circuit
183+ Civil No. 2CC171000224, Second Circuit
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211185 ______________
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213187 SUBTOTAL: $ 500,000.00
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217191 TOTAL (SECTION 2): $ 500,000.00
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219193 The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.
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221195 PART III
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223197 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.
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225199 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.
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227201 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.
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229203 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.
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231- SECTION 7. This Act shall take effect on July 1, 2050.
205+ SECTION 7. This Act shall take effect upon its approval.
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233- 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.
207+ 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.
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237211 Report Title:
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239213 Claims Against the State
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243217 Description:
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245-Makes appropriations and approves payments for claims against the State, its officers, and its employees. Effective 7/1/2050. (SD2)
219+Makes appropriations and approves payments for claims against the State, its officers, and its employees. (SD1)
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253227 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.