HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2020
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 2019-2020 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:
Zhang V. State of Hawaii, et al. $ 130,000.00
Civil No. 19-1-0824-05, First Circuit Settlement
SUBTOTAL $ 130,000.00
2. DEPARTMENT OF LAND AND NATURAL RESOURCES:
Ching et al. v. Case, et al. $ 9,514.99
SCAP-18-000432, Supreme Court of Hawaii Judgment
Gold Coast Neighborhood Association v. $ 13,160.94
State of Hawaii, Civil No. 07-1-1122-06 Judgment
Keauhou Canoe Club v. Department of Land $ 9,918.58
and Natural Resources, et. al, Judgment
CAAP 16-0000141,Intermediate Court
SUBTOTAL $ 32,594.51
3. DEPARTMENT OF PUBLIC SAFETY:
Shiira v. State of
Civil No. 13-1-0331, Fifth Circuit Judgment
SUBTOTAL $ 44,946.75
4. MISCELLANEOUS CLAIMS:
Grace Blevins $ 400.28
Kathleen A. Kehlor Harper $ 809.11
John and Deborah Mar $ 866.75
Judith Ross $ 578.40
Barbara H. Ursal $ 289.20
SUBTOTAL: $ 2,943.74
TOTAL (SECTION 1): $ 210,485.00
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 2. The following sums or so much thereof as may be necessary for fiscal year 2019-2020 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 amounts set forth opposite their names:
JUDGMENTS AGAINST THE STATE AMOUNT
AND SETTLEMENTS OF CLAIMS:
DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
Hayselden, et al. v. State of Hawaii, et al. $ 300,000.00
Civil No. 17-1-0204, Third Circuit Settlement
Vares, et al. v. State of Hawaii, et al. $ 650,000.00
Civil No. 16-1-0512-03, First Circuit Settlement
SUBTOTAL: $ 950,000.00
TOTAL (SECTION 2) $ 950,000.00
The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.
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, 2021, 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 on July 1, 2050.
Claims Against the State
Makes appropriations for claims against the State, its officers, and its employees. Takes effect on 7/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.