Bill Text: HI SB2246 | 2014 | Regular Session | Amended
Bill Title: Claims Against the State; Appropriations ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-05-15 - Act 080, 5/13/2014 (Gov. Msg. No. 1180). [SB2246 Detail]
Download: Hawaii-2014-SB2246-Amended.html
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THE SENATE |
S.B. NO. |
2246 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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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 2013-2014 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. ALOHA TOWER DEVELOPMENT CORPORATION
In the Matter of the Application $ 165,929.42
of Honolulu Construction and Judgment
Draying Company, Limited v. State of Hawaii,
et al., Land Court Application No. 787,
Hawaii Supreme Court No. SCWC-30484
______________
SUBTOTAL: $ 165,929.42
2. DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
Claim by Estria Foundation $ 18,000.00
Settlement
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SUBTOTAL: $ 18,000.00
3. DEPARTMENT OF EDUCATION:
Barnett v. State of Hawaii, et al. $ 41,511.54
Civil No. 10-1-0236, Fifth Circuit Judgment
Garner, et al. v. State of Hawaii, et al. $ 132,819.00
Civil No. 03-1-000305, First Circuit Settlement
In the Matter of the Arbitration $ 44,951.43
Between Hawaii State Teachers Association Judgment
and Na Wai Ola (Waters of Life) Public
Charter School, State of Hawaii,
Grievance of Ginger Krauss
Javier, et al. v. State of Hawaii, et al. $ 124,169.60
Civil No. 07-1-0160(1), Second Circuit Settlement
Chang v. Matayoshi, et al. $ 63,333.34
Civil No. 13-00004 JMS BMK, USDC Settlement
Duvauchelle-Puu v. Matayoshi, et al. $ 63,333.33
Civil No. 13-00073 JMS BMK, USDC Settlement
Lopez v. Matayoshi, et al. $ 63,333.33
Civil No. 13-00134 JMS BMK, USDC Settlement
______________
SUBTOTAL: $ 533,451.57
4. DEPARTMENT OF HEALTH
Johnson v. Rainbow Rehabilitation, et al. $ 221,080.66
Civil No. 07-1-1855-10, First Circuit Judgment
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SUBTOTAL: $ 221,080.66
5. DEPARTMENT OF HUMAN SERVICES:
Louis, et al. v. State of Hawaii, et al. $ 180,000.00
Civil No. 05-1-0935-05, First Circuit Settlement
Kolio, et al. v. State of Hawaii, et al. $ 20,000.00
Civil No. 11-00266 LEK RLP, USDC Settlement
Rhodes v. State of Hawaii, et al. $ 40,000.00
Civil No. 09-1-2146-09, First Circuit Settlement
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SUBTOTAL: $ 240,000.00
6. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:
Hawaii Pacific Health, et al. v. Dwight $ 89,645.15
Takamine, Civil No. 11-00706 SOM/RLP, USDC Settlement
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SUBTOTAL: $ 89,645.15
7. DEPARTMENT OF LAND AND NATURAL RESOURCES:
Coziar v. State of Hawaii $ 30,000.00
Civil No. 13-1-0018(1), Second Circuit Settlement
Imig v. State of Hawaii, et al. $ 60,000.00
Civil No. 13-1-2995-11 (ECN), First Circuit Settlement
In the Matter of the Arbitration Between $ 44,324.00
Central Supply, Inc., et al. v. State of Settlement
Hawaii, et al., S.P. No. 12-1-0029, and
In the Matter of the Arbitration Between
State of Hawaii, et al. v. Yamada
Consolidated, Inc., et al., S.P. No.
13-1-0035
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SUBTOTAL: $ 134,324.00
8. DEPARTMENT OF PUBLIC SAFETY:
Buan v. State of Hawaii, et al. $ 50,000.00
Civil No. 11-1-1222-06, First Circuit Settlement
Fontanilla v. State of Hawaii, et al. $ 35,000.00
Civil No. 12-00641 BMK, USDC Settlement
Kiyabu v. Frank, et al. $ 80,000.00
Civil No. 13-00582, USDC Settlement
Steed v. State of Hawaii, et al. $ 25,000.00
Civil No. 11-1-1122-06, First Circuit Settlement
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SUBTOTAL: $ 190,000.00
9. OFFICE OF THE GOVERNOR:
Oahu Publications, Inc., dba Honolulu $ 70,272.66
Star-Advertiser v. Abercrombie, Judgment
Civil No. 11-1-1871-08 KKS, First Circuit
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SUBTOTAL: $ 70,272.66
10. MISCELLANEOUS CLAIMS:
Aimee Clay $ 497.48
Thomas K. Nagano $ 222.96
Yoshikatsu Asano $ 1,939.00
Bruce A. Menin $ 421,346.13
Marie-Gertrude N. Leopoldo $ 417.00
Billing Dispute Between the Department of $ 67,000.00
Education and Automated Health Care
Solutions/Prescription Partners
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SUBTOTAL: $ 491,422.57
Total (SECTION 1): $ 2,154,126.03
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 2013-2014 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:
Adams, et al. v. Yokooji, et al. $ 25,000.00
Civil No. 07-1-1567, First Circuit Settlement
Booth v. State of Hawaii, et al. $ 65,000.00
Civil No. 12-1-0262, Fifth Circuit Settlement
Nakandakare, et al. v. State of Hawaii, $ 32,500.00
et al. Settlement
Civil No. 11-1-1740-08, First Circuit
Shaya, et al. v. Franco, et al. $ 700,000.00
Civil No. 11-1-0551, Second Circuit Settlement
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SUBTOTAL: $ 822,500.00
TOTAL (SECTION 2): $ 822,500.00
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, 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 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, 2015, 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, which 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; Appropriations
Description:
Makes appropriations 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.
