Hawaii 2025 Regular Session

Hawaii Senate Bill SB1309 Compare Versions

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1-THE SENATE S.B. NO. 1309 THIRTY-THIRD LEGISLATURE, 2025 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:
1+THE SENATE S.B. NO. 1309 THIRTY-THIRD LEGISLATURE, 2025 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. 1309
4-THIRTY-THIRD LEGISLATURE, 2025 S.D. 1
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1313 THIRTY-THIRD LEGISLATURE, 2025
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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 2024-2025 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: Maui Kupono Builders $ 442,504.75 Sarah Ann D. Pacheco $ 460.00 f/k/a Sarah Ann D. Taylor Kiyoji Tanimura $ 5,371.00 Mark Lloyd $ 111,733.08 Maui Kupono Builders, LLC $ 152,665.39 ______________ SUBTOTAL: $ 712,734.22 2. DEPARTMENT OF LAND AND NATURAL RESOURCES: Jennifer Reber v. State of Hawaii, $ 450,000.00 Civil No. 5CCV-23-0000053, Fifth Circuit (Settlement) Brenda Osmer (Tort Claim) $ 100,000.00 (Settlement) ______________ SUBTOTAL: $ 550,000.00 3. DEPARTMENT OF THE ATTORNEY GENERAL: Billy Peter v. Anne E. Lopez, $ 28,500.00 Civil No. 24-cv-00508 MWJS-RT, USDC (Settlement) ______________ SUBTOTAL: $ 28,500.00 4. DEPARTMENT OF EDUCATION: B.R., M.A., and F.R. v. State of Hawaii, $ 330,000.00 Civil No. 1CCV-20-0000549, First Circuit (Settlement) Child Evangelism Fellowship of Hawaii, $ 100,000.00 Inc. v. Hawaii State Department of (Settlement) Education, Civil No. 24-cv-00034 MWJS-WRP, USDC Brenda Persinger, Individually and as a $ 1,750,000.00 Personal Representative of the Estate of (Settlement) Michael Ambrose, Deceased v. State of Hawaii, Department of Education, Civil No. 3CCV-22-0000337, First Circuit Jake Ferreira v. State of Hawaii, $ 75,000.00 Department of Education, (Settlement) Civil No. 1CCV-23-0000874, First Circuit ______________ SUBTOTAL: $ 2,255,000.00 TOTAL (SECTION 1): $ 3,546,234.22 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 2024-2025 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: Juan Jimmie Lee Aldeguer v. $ 1,075,000.00 Todd I. Sonoda, (Settlement) Civil No. 1CCV-21-0000052, First Circuit Estate of Bruce Perdue v. $ 175,000.00 State of Hawaii, (Settlement) Civil No. 5CC131000351, Fifth Circuit ______________ SUBTOTAL: $ 1,250,000.00 TOTAL (SECTION 2): $ 1,250,000.00 The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act. PART III SECTION 3. The following sums or so much thereof as may be necessary for fiscal year 2024-2025 are appropriated out of the Judiciary funds 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: JUDICIARY: Leanne Rosa v. Randall G.B. Valenciano $ 90,000.00 Civil No. 23-CV-00315-JAO-WRP, USDC (Settlement) ______________ SUBTOTAL: $ 90,000.00 TOTAL (SECTION 3): $ 90,000.00 The sum appropriated shall be expended by the Judiciary 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, 2026, 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 upon its approval.
47+ PART I SECTION 1. The following sums or so much thereof as may be necessary for fiscal year 2024-2025 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: Maui Kupono Builders $ 442,504.75 Sarah Ann D. Pacheco $ 460.00 f/k/a Sarah Ann D. Taylor Kiyoji Tanimura $ 5,371.00 ______________ SUBTOTAL: $ 448,335.75 2. DEPARTMENT OF LAND AND NATURAL RESOURCES: Jennifer Reber v. State of Hawaii, $ 450,000.00 Civil No. 5CCV-23-0000053, Fifth Circuit (Settlement) Brenda Osmer (Tort Claim) $ 100,000.00 (Settlement) ______________ SUBTOTAL: $ 550,000.00 TOTAL (SECTION 1): $ 998,335.75 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 2024-2025 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: Juan Jimmie Lee Aldeguer v. $ 1,075,000.00 Todd I. Sonoda, (Settlement) Civil No. 1CCV-21-0000052, First Circuit Estate of Bruce Perdue v. $ 175,000.00 State of Hawaii, (Settlement) Civil No. 5CC131000351, Fifth Circuit ______________ SUBTOTAL: $ 1,250,000.00 TOTAL (SECTION 2): $ 1,250,000.00 The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act. PART III SECTION 3. The following sums or so much thereof as may be necessary for fiscal year 2024-2025 are appropriated out of the Judiciary funds 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: JUDICIARY: Leanne Rosa v. Randall G.B. Valenciano $ 90,000.00 Civil No. 23-CV-00315-JAO-WRP, USDC (Settlement) ______________ SUBTOTAL: $ 90,000.00 TOTAL (SECTION 3): $ 90,000.00 The sum appropriated shall be expended by the Judiciary 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, 2026, 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 upon its approval. INTRODUCED BY: _____________________________ BY REQUEST
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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 2024-2025 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 Maui Kupono Builders $ 442,504.75
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6767 Sarah Ann D. Pacheco $ 460.00
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6969 f/k/a Sarah Ann D. Taylor
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7373 Kiyoji Tanimura $ 5,371.00
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77- Mark Lloyd $ 111,733.08
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81- Maui Kupono Builders, LLC $ 152,665.39
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8577 ______________
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87- SUBTOTAL: $ 712,734.22
79+ SUBTOTAL: $ 448,335.75
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9183 2. DEPARTMENT OF LAND AND NATURAL RESOURCES:
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9587 Jennifer Reber v. State of Hawaii, $ 450,000.00
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9789 Civil No. 5CCV-23-0000053, Fifth Circuit (Settlement)
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10193 Brenda Osmer (Tort Claim) $ 100,000.00
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10395 (Settlement)
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10799 SUBTOTAL: $ 550,000.00
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111-3. DEPARTMENT OF THE ATTORNEY GENERAL:
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115- Billy Peter v. Anne E. Lopez, $ 28,500.00
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117- Civil No. 24-cv-00508 MWJS-RT, USDC (Settlement)
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121- ______________
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123- SUBTOTAL: $ 28,500.00
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127-4. DEPARTMENT OF EDUCATION:
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131- B.R., M.A., and F.R. v. State of Hawaii, $ 330,000.00
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133- Civil No. 1CCV-20-0000549, First Circuit (Settlement)
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137- Child Evangelism Fellowship of Hawaii, $ 100,000.00
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139- Inc. v. Hawaii State Department of (Settlement)
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141- Education,
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143- Civil No. 24-cv-00034 MWJS-WRP, USDC
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147- Brenda Persinger, Individually and as a $ 1,750,000.00
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149- Personal Representative of the Estate of (Settlement)
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151- Michael Ambrose, Deceased v. State of
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153- Hawaii, Department of Education,
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155- Civil No. 3CCV-22-0000337, First Circuit
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159- Jake Ferreira v. State of Hawaii, $ 75,000.00
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161- Department of Education, (Settlement)
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163- Civil No. 1CCV-23-0000874, First Circuit
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167- ______________
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169- SUBTOTAL: $ 2,255,000.00
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173- TOTAL (SECTION 1): $ 3,546,234.22
103+ TOTAL (SECTION 1): $ 998,335.75
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175105 The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
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177107 PART II
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179109 SECTION 2. The following sums or so much thereof as may be necessary for fiscal year 2024-2025 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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181111 JUDGMENTS AGAINST THE STATE AMOUNT
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187117 DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
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191121 Juan Jimmie Lee Aldeguer v. $ 1,075,000.00
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193123 Todd I. Sonoda, (Settlement)
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195125 Civil No. 1CCV-21-0000052, First Circuit
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199127 Estate of Bruce Perdue v. $ 175,000.00
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201129 State of Hawaii, (Settlement)
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203131 Civil No. 5CC131000351, Fifth Circuit
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205133 ______________
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207135 SUBTOTAL: $ 1,250,000.00
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211139 TOTAL (SECTION 2): $ 1,250,000.00
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213141 The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.
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215143 PART III
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217145 SECTION 3. The following sums or so much thereof as may be necessary for fiscal year 2024-2025 are appropriated out of the Judiciary funds 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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219147 JUDGMENTS AGAINST THE STATE AMOUNT
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221149 AND SETTLEMENTS OF CLAIMS:
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225153 JUDICIARY:
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229157 Leanne Rosa v. Randall G.B. Valenciano $ 90,000.00
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231159 Civil No. 23-CV-00315-JAO-WRP, USDC (Settlement)
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233161 ______________
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235163 SUBTOTAL: $ 90,000.00
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239167 TOTAL (SECTION 3): $ 90,000.00
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241169 The sum appropriated shall be expended by the Judiciary for the purposes of this Act.
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243171 PART IV
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245173 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.
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247175 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.
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249177 SECTION 6. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2026, shall lapse.
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251179 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.
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253181 SECTION 8. This Act shall take effect upon its approval.
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255- Report Title: Claims Against the State; Appropriations Description: Makes appropriations and approves payments for claims against the State, its officers, and its employees. Appropriates funds. (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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185+INTRODUCED BY: _____________________________
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198+ Report Title: Claims Against the State; Appropriations Description: Makes appropriations and approves payments for claims against the State, its officers, and its employees. 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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265208 Claims Against the State; Appropriations
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271-Makes appropriations and approves payments for claims against the State, its officers, and its employees. Appropriates funds. (SD1)
214+Makes appropriations and approves payments for claims against the State, its officers, and its employees.
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279222 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.