| 47 | | - | PART I 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) ______________ 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 ______________ 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) ______________ 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 ______________ 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 ______________ 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 ______________ 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. |
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| 47 | + | PART I 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 appropriation 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 ______________ SUBTOTAL: $ 895,031.18 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) ______________ SUBTOTAL: $ 154,175.07 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 ______________ SUBTOTAL: $ 1,050,000.00 5. DEPARTMENT OF LAND AND NATURAL RESOURCES: Courtney Ledford v. Ethan Ferguson, et al. $ 750,000.00 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 ______________ SUBTOTAL: $ 1,050,000.00 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 $ 1,200,000.00 Civil No. 17-cv-00143 JAO-KJM, USDC (Settlement) ______________ SUBTOTAL: $ 1,260,401.00 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 ______________ 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 ______________ SUBTOTAL: $ 750,000.00 TOTAL (SECTION 2): $ 6,517,302.37 The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act; provided that: (1) No moneys shall be expended by the attorney general to satisfy the settlement for Courtney Ledford v. Ethan Ferguson, et al., Civil No. 17-1-0416, Third Circuit, unless: (A) The department of human resources development expends the sum of $250,000 from the available general funds appropriated to the department of human resources development for fiscal year 2023‑2024 by section 3 of Act 164, Session Laws of Hawaii 2023, to satisfy a portion of the settlement for Courtney Ledford v. Ethan Ferguson, et al., Civil No. 17-1-0416, Third Circuit; and (B) The department of land and natural resources expends the sum of $250,000 from the available general funds appropriated to the department of land and natural resources for fiscal year 2023‑2024 by section 3 of Act 164, Session Laws of Hawaii 2023, to satisfy a portion of the settlement for Courtney Ledford v. Ethan Ferguson, et al., Civil No. 17-1-0416, Third Circuit; and (2) No moneys shall be expended by the attorney general to satisfy the settlement for Leinette Reyes, et al. v. Eric Tanaka, Civil No. 17-cv-00143 JAO-KJM, USDC, unless the department of corrections and rehabilitation expends the sum of $800,000 from the available general funds appropriated to the department of public safety/corrections and rehabilitation for fiscal year 2023-2024 by section 3 of Act 164, Session Laws of Hawaii 2023, to satisfy a portion of the settlement for Leinette Reyes, et al. v. Eric Tanaka, Civil No. 17-cv-00143 JAO-KJM, USDC. 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 ______________ SUBTOTAL: $ 7,350,000.00 TOTAL (SECTION 3): $ 7,350,000.00 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, 2024. |
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