Bill Text: HI SB2738 | 2012 | Regular Session | Amended
Bill Title: Appropriations; Claims Against State
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-03-23 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Herkes excused (1). [SB2738 Detail]
Download: Hawaii-2012-SB2738-Amended.html
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THE SENATE |
S.B. NO. |
2738 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
H.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 2011-2012 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. DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
Elections Systems & Software, Inc. v. $ 1,205,000.00
Cronin, et al., CAAP-11-0000078 Settlement
Tanaka, et al. v. State of Hawaii, et al. $ 73,000.00
Civil No. 09-00579, SOM-KSC USDC Settlement
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SUBTOTAL: $ 1,278,000.00
2. DEPARTMENT OF EDUCATION:
Miljkovic v. State of Hawaii, et al. $ 7,500.00
Civil No. 09-00064 ACK-KSC, USDC Settlement
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SUBTOTAL: $ 7,500.00
3. DEPARTMENT OF LAND AND NATURAL RESOURCES:
Ah Loo v. State of Hawaii, et al. $ 40,000.00
Civil No. 11-1-0032, Fifth Circuit Settlement
Weingartner v. State of Hawaii, et al. $ 90,000.00
Civil No. 09-1-1563-07, First Circuit Settlement
Brem, et al. v State of Hawaii, Civil No. $ 5,459,107.50
07-1-0176, Fifth Circuit Settlement
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SUBTOTAL: $ 5,589,107.50
4. DEPARTMENT OF PUBLIC SAFETY:
Gishi v. State of Hawaii, et al. $ 75,000.00
Civil No. 10-1-0198-01, First Circuit Settlement
Glessner v. State of Hawaii, et al. $ 30,000.00
MCCP No. 2010-066 Settlement
Graff, et al. v. State of Hawaii, et al. $ 156,814.01
Civil No. 08-1-0975-05, First Circuit Settlement
Timas v. State of Hawaii, et al. $ 60,000.00
Civil No. 10-00517, USDC Settlement
Kahle, et al., v. Villaflor, et al., $ 100,000.00
Civil No. 10-00764 LEK-KSC, USDC Settlement
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SUBTOTAL: $ 421,814.01
5. OFFICE OF HAWAIIAN AFFAIRS:
Tsachev v. State of Hawaii, et al. $ 162,500.00
Civil No. 09-1-1207-05 Settlement
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SUBTOTAL: $ 162,500.00
Total (SECTION 1): $ 7,458,921.51
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 2011-2012 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:
Kuahiwinui, et al. v. Zelo's, et al. $ 210,000.00
Civil No. 08-1-0067, Fifth Circuit Settlement
Ackerman v. Kuahiwinui, et al.
Civil No. 08-1-0069, Fifth Circuit
Wolfe v State of Hawaii, Department of $ 60,000.00
Transportation, et al., Settlement
Civil No. 10-1-1029-05, First Circuit
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SUBTOTAL: $ 270,000.00
TOTAL (SECTION 2) $ 270,000.00
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, 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, 2013, 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 effect 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:
Appropriations; Claims Against State
Description:
Makes appropriations for claims against the State, its officers, and its employees. (SB2738 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
