SB 1309: MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-02-11
Current Status:
Failed
(2025-12-08: Carried over to 2026 Regular Session.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Makes appropriations and approves payments for claims against the State, its officers, and its employees. Appropriates funds. (SD1)
Makes appropriations and approves payments for claims against the State, its officers, and its employees.
|
THE SENATE |
S.B. NO. |
1309 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
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 2024-2025 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. MISCELLANEOUS CLAIMS:
Maui Kupono Builders $ 442,504.75
Sarah Ann D. Pacheco $ 460.00
f/k/a Sarah Ann D. Taylor
Kiyoji Tanimura $ 5,371.00
Mark Lloyd $ 111,733.08
Maui Kupono Builders, LLC $ 152,665.39
______________
SUBTOTAL: $ 712,734.22
2. DEPARTMENT OF LAND AND NATURAL RESOURCES:
Jennifer Reber v. State of Hawaii, $ 450,000.00
Civil No. 5CCV-23-0000053, Fifth Circuit (Settlement)
Brenda Osmer (Tort Claim) $ 100,000.00
(Settlement)
______________
SUBTOTAL: $ 550,000.00
3. DEPARTMENT OF THE ATTORNEY GENERAL:
Billy Peter v. Anne E. Lopez, $ 28,500.00
Civil No. 24-cv-00508 MWJS-RT, USDC (Settlement)
______________
SUBTOTAL: $ 28,500.00
4. DEPARTMENT OF EDUCATION:
B.R., M.A., and F.R. v. State of Hawaii, $ 330,000.00
Civil No. 1CCV-20-0000549, First Circuit (Settlement)
Child Evangelism Fellowship of Hawaii, $ 100,000.00
Inc. v. Hawaii State Department of (Settlement)
Education,
Civil No. 24-cv-00034 MWJS-WRP, USDC
Brenda Persinger, Individually and as a $ 1,750,000.00
Personal Representative of the Estate of (Settlement)
Michael Ambrose, Deceased v. State of
Hawaii, Department of Education,
Civil No. 3CCV-22-0000337, First Circuit
Jake Ferreira v. State of Hawaii, $ 75,000.00
Department of Education, (Settlement)
Civil No. 1CCV-23-0000874, First Circuit
______________
SUBTOTAL: $ 2,255,000.00
TOTAL (SECTION 1): $ 3,546,234.22
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 2024-2025 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:
Juan Jimmie Lee Aldeguer v. $ 1,075,000.00
Todd I. Sonoda, (Settlement)
Civil No. 1CCV-21-0000052, First Circuit
Estate of Bruce Perdue v. $ 175,000.00
State of Hawaii, (Settlement)
Civil No. 5CC131000351, Fifth Circuit
______________
SUBTOTAL: $ 1,250,000.00
TOTAL (SECTION 2): $ 1,250,000.00
The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.
PART III
SECTION 3. The following sums or so much thereof as may be necessary for fiscal year 2024-2025 are appropriated out of the Judiciary funds 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:
JUDICIARY:
Leanne Rosa v. Randall G.B. Valenciano $ 90,000.00
Civil No. 23-CV-00315-JAO-WRP, USDC (Settlement)
______________
SUBTOTAL: $ 90,000.00
TOTAL (SECTION 3): $ 90,000.00
The sum appropriated shall be expended by the Judiciary for the purposes of this Act.
PART IV
SECTION 4. The sums hereinabove may be paid to the respective persons, firms, corporations, or entities 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 departments shall obtain the approval of the attorney general before payment of any claim may be made.
SECTION 5. 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 the 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 6. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2026, shall lapse.
SECTION 7. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 8. This Act shall take effect upon its approval.
Report Title:
Claims Against the State; Appropriations
Description:
Makes appropriations and approves payments for claims against the State, its officers, and its employees. Appropriates funds. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
1309 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
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 2024-2025 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. MISCELLANEOUS CLAIMS:
Maui Kupono Builders $ 442,504.75
Sarah Ann D. Pacheco $ 460.00
f/k/a Sarah Ann D. Taylor
Kiyoji Tanimura $ 5,371.00
______________
SUBTOTAL: $ 448,335.75
2. DEPARTMENT OF LAND AND NATURAL RESOURCES:
Jennifer Reber v. State of Hawaii, $ 450,000.00
Civil No. 5CCV-23-0000053, Fifth Circuit (Settlement)
Brenda Osmer (Tort Claim) $ 100,000.00
(Settlement)
______________
SUBTOTAL: $ 550,000.00
TOTAL (SECTION 1): $ 998,335.75
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 2024-2025 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:
Juan Jimmie Lee Aldeguer v. $ 1,075,000.00
Todd I. Sonoda, (Settlement)
Civil No. 1CCV-21-0000052, First Circuit
Estate of Bruce Perdue v. $ 175,000.00
State of Hawaii, (Settlement)
Civil No. 5CC131000351, Fifth Circuit
______________
SUBTOTAL: $ 1,250,000.00
TOTAL (SECTION 2): $ 1,250,000.00
The sums appropriated shall be expended by the department of transportation, highways division, for the purposes of this Act.
PART III
SECTION 3. The following sums or so much thereof as may be necessary for fiscal year 2024-2025 are appropriated out of the Judiciary funds 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:
JUDICIARY:
Leanne Rosa v. Randall G.B. Valenciano $ 90,000.00
Civil No. 23-CV-00315-JAO-WRP, USDC (Settlement)
______________
SUBTOTAL: $ 90,000.00
TOTAL (SECTION 3): $ 90,000.00
The sum appropriated shall be expended by the Judiciary for the purposes of this Act.
PART IV
SECTION 4. The sums hereinabove may be paid to the respective persons, firms, corporations, or entities 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 departments shall obtain the approval of the attorney general before payment of any claim may be made.
SECTION 5. 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 the 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 6. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2026, shall lapse.
SECTION 7. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 8. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
BY REQUEST |
Report Title:
Claims Against the State; Appropriations
Description:
Makes appropriations and approves payments for claims against the State, its officers, and its employees.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Feb 12, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Feb 12, 2025 | Reported from JDC (Stand. Com. Rep. No. 304) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Feb 6, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Gabbard, Chang. |
| Jan 31, 2025 | The committee(s) on JDC has scheduled a public hearing on 02-06-25 9:15AM; Conference Room 016 & Videoconference. |
| Jan 27, 2025 | Referred to JDC, WAM. |
| Jan 23, 2025 | Introduced and passed First Reading. |
| Jan 21, 2025 | Pending Introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Feb 6, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Department of the Attorney General | ** Support |
STAND. COM. REP. NO. 304
Honolulu, Hawaii
RE: S.B. No. 1309
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 1309 entitled:
"A BILL FOR AN ACT MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES,"
begs leave to report as follows:
The purpose and intent of this measure is to make appropriations and approve payments for claims against the State, its officers, and its employees.
Your Committee received testimony in support of this measure from the Department of the Attorney General.
Your Committee finds that this measure serves as a vehicle by which payments of claims against the State are authorized and funded by an appropriation of general funds or moneys from the state highway fund, and that timely passage of this measure will minimize the State's obligation to pay interest that accrues on the claim amounts.
Your Committee has amended this measure by adding moneys for the payment of two outdated checks and the settlement of five additional claims against the State.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1309, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1309, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
|
|
|
________________________________ KARL RHOADS, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Feb 5, 2025 | SB1309_TESTIMONY_JDC_02-06-25_.PDF |
Bill Author
Bill Co-Author(s):