HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2016
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:
SECTION 1. The following sums or so much thereof as may be necessary for fiscal year 2015-2016 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:
AND SETTLEMENTS OF CLAIMS:
1. DEPARTMENT OF EDUCATION:
Toguchi v. Matayoshi, et al. $ 82,500.00
Civil No. 13-00380 DKW-KSC, USDC Settlement
Hawaii Gov't Empl. Assoc., et al. v. $ 100,000.00
State of Hawaii, et al.
Civil No. 09-1-1430-06 SSM, First Circuit Settlement
Waiakamilo Properties, LLC $ 58,286.00
Garner, et al. v. State of Hawaii, et al. $ 3,025,942.99
Civil No. 03-1-000305, First Circuit
Kliternick, et al. v. Matayoshi, et al.
Civil No. 05-1-00031, First Circuit
Kawashima v. State of Hawaii, et al.
Civil No. 06-1-0244-02, First Circuit Settlement
Grimm, et al. v. Esibill, et al. $ 1,250,000.00
Civil No. 14-1-0452-02, First Circuit Settlement
Valeho-Novikoff v. State of Hawaii, et al. $ 10,000.00
Civil No. 11-1-2616-10 VLC, First Circuit Settlement
E.R.K., et al. v. Department of Education $ 100,000.00
Civil No. 10-00436 SOM-KSC, USDC Order
SUBTOTAL: $ 4,626,728.99
2. DEPARTMENT OF HAWAIIAN HOME LANDS:
Darnell v. County of Hawaii, et al. $ 200,000.00
Civil No. 09-1-0146, Third Circuit Settlement
Nelson, et al. v. Hawaiian Homes $ 11,942.96
Commission, et al.
Civil No. 07-1-1663-08 JHC, First Circuit Order
SUBTOTAL: $ 211,942.96
3. DEPARTMENT OF HEALTH:
Mahi v. Department of Health, et al. $ 20,000.00
Civil No. 13-1-0250, Fifth Circuit Settlement
SUBTOTAL: $ 20,000.00
4. DEPARTMENT OF LAND AND NATURAL RESOURCES:
EPA Notice of Violation of Safe Drinking $ 50,000.00
Water Act to Dept. of Land and Nat. Res. Settlement
Isele-DeVita, et al. v. $ 135,000.00
State of Hawaii, et al.
Civil No. 13-1-548K, Third Circuit Settlement
Andronaco v. City and County of $ 162,500.00
Honolulu, et al.
Civil No. 15-1-1732-09, First Circuit Settlement
SUBTOTAL: $ 347,500.00
5. DEPARTMENT OF HUMAN SERVICES:
Booth v. Wong $ 165,527.60
Civil No. 10-00680, USDC Judgment
SUBTOTAL: $ 165,527.60
6. DEPARTMENT OF PUBLIC SAFETY:
Persin v. State of Hawaii, et al. $ 4,000,000.00
Civil No. 13-1-1571-05, First Circuit Settlement
Subia, et al. v. State of Hawaii, et al. $ 625,000.00
Civil No. 14-1-1443-06 GWBC, First Circuit Settlement
Avila v. State of Hawaii, et al. $ 35,000.00
Civil No. 13-1-3149-12 ECN, First Circuit Settlement
Tui v. Department of Public Safety $ 20,000.00
Civil No. 11-1-0871-05 VLC, First Circuit Settlement
SUBTOTAL: $ 4,680,000.00
7. MISCELLANEOUS CLAIMS:
Kasey M. Dowling $ 600.00
Judy M. Takano $ 736.20
Phillips-Van Heusen Corp. $ 207,127.99
SUBTOTAL: $ 208,464.19
Total (PART 1): $10,260,163.74
The sums appropriated shall be expended by the department of the attorney general for the purposes of this part.
SECTION 2. The following sums or so much thereof as may be necessary for fiscal year 2015-2016 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:
AND SETTLEMENTS OF CLAIMS:
DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
8. Le v. Turtle Bay Resort, LLC, et al. $ 650,000.00
Civil No. 13-1-1885-17, First Circuit
Faith Action for Comm. Equity, et al. v. $ 50,000.00
Hawaii Dept. of Trans., et al.
Civil No. 13-00450 SOM RLP, USDC Settlement
TOTAL (PART 2) $ 700,000.00
The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this part.
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 that the 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, 2017, 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.
Appropriations; Claims Against the State
Makes appropriations for claims against the State, its officers, and its employees. (HB2279 CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.