Bill Text: HI HB942 | 2019 | Regular Session | Amended

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Bill Title: Making Appropriations For Claims Against The State, Its Officers, Or Its Employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-06-12 - Act 099, 06/07/2019 (Gov. Msg. No. 1200). [HB942 Detail]

Download: Hawaii-2019-HB942-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	942
THIRTIETH LEGISLATURE, 2019		H.D. 2
STATE OF HAWAII		S.D. 2
		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 2018-2019 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:

1.   MISCELLANEOUS CLAIMS:

 

     Asset Mortgage of Hawaii LLC                $     2,466.84

     c/o Sandy Knapp

 

     BG Kauai Holdings LLC                       $    12,283.57

 

Michael Bradley                             $    2,332.00

 

Shim Ching                                  $    40,600.00

 

     Jean A. Lee and Nancy Adachi                $    20,238.55

     Designated beneficiaries of

     Linda G. Lee, Deceased

 

     James McIntosh                              $    92,764.00

 

     Monessa Miranda                             $    10,200.00

 

     Raquel B. Nakahara                          $        76.62

 

     Joseph Novotny                              $    12,110.24

 

     Dustin S. Payne                             $    54,378.95

 

                                                ______________

 

     SUBTOTAL                                    $   247,450.77

 

     TOTAL (SECTION 1)                           $   247,450.77

 

     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 2018-2019 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:

 

1.   Bowles v. Hawaiian Electric Company, et al.  $    12,166.45

     Civil No. 17-1-0259-02 VLC, First Circuit        Settlement

 

2.   Acosta, et al. v. State of Hawaii, et al.    $   115,440.87

     Civil No. 18-1-1507-90, First Circuit            Settlement

 

3.   Huynh, et al. v. City and County of          $   900,000.00

     Honolulu, et al.                                Settlement

     Civil No. 15-1-1640-08, First Circuit

 

4.   O'Grady, et al. v. State of Hawaii, et al.   $ 2,891,721.86

     Civil No. 07-1-0372, Third Circuit               Settlement

 

5.   Sybounmy, et al. v. State of Hawaii, et al.  $    15,000.00

     Civil No. 16-1-1078-06, First Circuit            Settlement

                                                ______________

 

     SUBTOTAL                                    $ 3,934,329.18

 

     TOTAL (SECTION 2)                           $ 3,934,329.18

 

     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 persons for claims against the State or the department of the attorney general 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 THE ATTORNEY GENERAL:

 

     Aloha Pregnancy Care and Counseling          $    20,344.50

     Center, Inc. v. Suzuki, et al.                  Settlement

     Civil No. 17-00343, USDC

 

     Calvary Chapel Pearl Harbor, d/b/a           $    40,000.00

     A Place for Women in Waipio, et al.              Settlement

     v. Suzuki, et al.

     Civil No. 17-00326, USDC

                                                ______________

 

     SUBTOTAL                                    $    60,344.50

 

     TOTAL (SECTION 3)                           $    60,344.50

 

     Provided that of legislative appropriation item K-20 for the department of the attorney general for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $60,344.50 shall be expended from the fiscal year 2018-2019 budget (ATG 100, general funds) by the department of the attorney general for the purposes of this Act.

PART IV

     SECTION 4.  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 Hawaii state public charter school 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.   HAWAII STATE PUBLIC CHARTER SCHOOL:

 

     Miller-Potter v. State of Hawaii, et al.     $    75,000.00

     Civil No. 16-1-0385K, Third Circuit              Settlement

                                                ______________

 

     SUBTOTAL                                    $    75,000.00

 

     TOTAL (SECTION 4)                           $    75,000.00

 

     Provided that of legislative appropriation item G-7 for the department of education for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $75,000 shall be expended from the fiscal year 2018-2019 budget (EDN 600, general funds) by the Hawaii state public charter school 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 health 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 HEALTH:

 

     Kawamoto, et al. v. Ige, et al.              $    27,500.00

     Civil No. 16-00362, USDC                        Settlement

                                                ______________

 

     SUBTOTAL                                    $    27,500.00

 

     TOTAL (SECTION 5)                           $    27,500.00

 

     Provided that of legislative appropriation item E-25 for the department of health for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $27,500 shall be expended from the fiscal year 2018-2019 budget (HTH 907, general funds) by the department of health for the purposes of this Act.

PART VI

     SECTION 6.  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 human services 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 HUMAN SERVICES:

 

     Doe 1, John, et al. v. Department of         $   585,000.00

     Human Services, et al.                          Settlement

     Civil No. 14-1-0554(2), Second Circuit

                                                ______________

 

     SUBTOTAL                                    $   585,000.00

 

     TOTAL (SECTION 6)                           $   585,000.00

 

     Provided that of legislative appropriation item F-1 for the department of human services for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $585,000 shall be expended from the fiscal year 2018-2019 budget (HMS 301, general funds) by the department of human services for the purposes of this Act.

PART VII

     SECTION 7.  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 human services 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 HUMAN SERVICES:

 

Kawamoto, et al. v. Ige, et al.              $    27,500.00

     Civil No. 16-00362, USDC                        Settlement

                                                ______________

 

     SUBTOTAL                                    $    27,500.00

 

     TOTAL (SECTION 7)                           $    27,500.00

 

     Provided that of legislative appropriation item F-29 for the department of human services for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $27,500 shall be expended from the fiscal year 2018‑2019 budget (HMS 904, general funds) by the department of human services for the purposes of this Act.

PART VIII

     SECTION 8.  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:

 

     Boucher v. Vitousek, et al.                 $    70,000.00

     Civil No. 16-1-155K, Third Circuit               Settlement

 

     Umberger, et al. v. Department of Land       $   160,645.29

     and Natural Resources, State of Hawaii             Judgment

     Civil No. 12-1-2625-10, First Circuit

                                                ______________

 

     SUBTOTAL                                    $   230,645.29

 

     TOTAL (SECTION 8)                           $   230,645.29

 

     Provided that of legislative appropriation item D-9 for the department of land and natural resources for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $230,645.29 shall be expended from the fiscal year 2018-2019 budget (LNR 906, general funds) or from the fiscal year 2019-2020 budget by the department of land and natural resources for the purposes of this Act.

PART IX

     SECTION 9.  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:

     Fraser v. Lingle, et al.                    $    25,000.00

     Civil No. 08-1-0709(1), Second Circuit           Settlement

                                                ______________

 

     SUBTOTAL                                    $    25,000.00

 

     TOTAL (SECTION 9)                           $    25,000.00

 

     Provided that of legislative appropriation item I-5 for the department of public safety for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $25,000 shall be expended from the fiscal year 2018-2019 budget (PSD 406, general funds) by the department of public safety for the purposes of this Act.

PART X

     SECTION 10.  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 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:

 

Luong v. Sequeira, et al.                   $    27,500.00

     Civil No. 16-00613, USDC                        Settlement

 

     Johnson v. Department of Public Safety,      $    18,000.00

     et al.                                         Settlement

     Civil No. 15-1-0609-04, First Circuit

                                                ______________

 

     SUBTOTAL                                    $    45,500.00

 

     TOTAL (SECTION 10)                          $    45,500.00

 

     Provided that of legislative appropriation item I-6 for the department of public safety for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $45,500 shall be expended from the fiscal year 2018-2019 budget (PSD 407, general funds) by the department of public safety for the purposes of this Act.

PART XI

     SECTION 11.  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:

 

     Coma, et al. v. State of Hawaii v. Global    $    74,900.00

     Medical Staffing, Inc.                          Settlement

     Civil No. 15-1-0437-03, First Circuit  

                                                ______________

 

     SUBTOTAL                                    $   74,900.00

 

     TOTAL (SECTION 11)                          $   74,900.00

 

     Provided that of legislative appropriation item I-1 for the department of public safety for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $74,900.00 shall be expended from the fiscal year 2018-2019 budget (PSD 402, general funds) by the department of public safety for the purposes of this Act.

PART XII

     SECTION 12.  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:

 

     United States Department of Justice          $    45,000.00

     Investigation on State of Hawaii                 Settlement

     Department of Public Safety for Americans

     With Disabilities Act Violations

                                                ______________

 

     SUBTOTAL                                    $   45,000.00

 

     TOTAL (SECTION 12)                          $   45,000.00

 

     Provided that of legislative appropriation item I-19 for the department of public safety for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $45,000.00 shall be expended from the fiscal year 2018-2019 budget (PSD 900, general funds) by the department of public safety for the purposes of this Act.

PART XIII

     SECTION 13.  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:

 

     Kauhako, et al. v. State of Hawaii,          $   783,391.13

     et al.                                           Judgment

     Civil No. 13-00567, USDC

 

                                                ______________

 

     SUBTOTAL                                    $   783,391.13

 

     TOTAL (SECTION 13)                          $   783,391.13

 

     Provided that of legislative appropriation item G-2 for the department of education for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $783,391.13 shall be expended from the fiscal year 2018-2019 budget (EDN 150, general funds) by the department of education for the purposes of this Act.

PART XIV

     SECTION 14.  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:

 

     Wong v. State of Hawaii, et al.             $    50,000.00

     Civil No. 14-1-0281, Third Circuit               Settlement

                                                ______________

 

     SUBTOTAL                                    $    50,000.00

 

     TOTAL (SECTION 14)                          $    50,000.00

 

     Provided that of legislative appropriation item G-4 for the department of education for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $50,000.00 shall be expended from the fiscal year 2018-2019 budget (EDN 300, general funds) by the department of education for the purposes of this Act.

PART XV

     SECTION 15.  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:

 

     Smith v. Chong, et al.                      $   125,000.00

     Civil No. 16-00519, USDC                        Settlement

 

                                                ______________

 

     SUBTOTAL                                    $   125,000.00

 

     TOTAL (SECTION 15)                          $   125,000.00

 

     Provided that of legislative appropriation item I-4 for the department of public safety for fiscal year 2018-2019 in section 3 of Act 49, Session Laws of Hawaii 2017, as amended by section 3 of Act 53, Session Laws of Hawaii 2018, the general fund sum of $125,000.00 shall be expended from the fiscal year 2018-2019 budget (PSD 405, general funds) by the department of public safety for the purposes of this Act.

PART XVI

     SECTION 16.  The sums provided in sections 1 through 15 of this Act 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 17.  Notwithstanding the sums provided in sections 1 through 15 of this Act 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 18.  All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2020, shall lapse.

     SECTION 19.  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 20.  This Act shall take effect upon its approval.

 

Report Title:

Claims Against the State

 

Description:

Makes appropriations for claims against the State, its officers, and its employees.  (HB942 CD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.