REPORT TITLE:
State Claims Appropriations


DESCRIPTION:
Appropriates funds for settlements and judgments of claims
against the State.  (HB2410 SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2410
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE RELIEF OF CERTAIN PERSONS' CLAIMS AGAINST THE
   STATE AND PROVIDING APPROPRIATIONS THEREFOR.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The following sums of money are appropriated out
 
 2 of the general revenues of the State of Hawaii for the purpose of
 
 3 satisfying claims for legislative relief as to the following
 
 4 named persons, firms, corporations, and entities, for claims
 
 5 against the State or its officers or employees for overpayment of
 
 6 taxes, or for refunds, reimbursements, payments of judgments or
 
 7 settlements, or other liabilities, in the amount set forth
 
 8 opposite their names:
 
 9 JUDGMENTS AGAINST THE STATE                              AMOUNT
10 AND SETTLEMENTS OF CLAIMS:
11 
12 1.   DEPARTMENT OF LAND AND NATURAL RESOURCES:
13 
14      Alalem v. State of Hawaii                      $   22,000.00
15      Civil No. 98-00411HG/EK, U.S.D.C.                 Settlement
16 
17      Lindholm v. State of Hawaii, et al.            $   20,000.00
18      Civil No. 98-141K, Third Circuit                  Settlement
19 
20      Wolfe v. State of Hawaii, et al.               $   20,966.58
21      Civil No. 98-092K, Third Circuit                    Judgment
22           Amount of Judgment:          $ 20,000.00
23           Interest at 4% from 5/18/99: $    966.58
24 

 
 
 
Page 2                                                     2410
                                     S.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1      Palila v. Hawaii Department of Land and        $   12,378.50
 2         Natural Resources,
 3      Civil No. 78-0030 SPK, U.S.D.C.                _____________
 4 
 5      SUBTOTAL:                                      $   75,345.08
 6 
 7 2.   DEPARTMENT OF PUBLIC SAFETY:
 8 
 9      Allen v. Iranon, et al.                        $  115,560.00
10      Civil No. 97-00175ACK-FIY, U.S.D.C.                 Judgment
11           Amount of Judgment:          $111,000.00
12           Interest at 4% from 7/22/99: $  4,560.00
13 
14      Domingo v. State of Hawaii, et al.             $   37,500.00
15      Civil No. 94-3753-10, First Circuit               Settlement
16 
17      Larson v. Luczon, et al.                       $   20,000.00
18      Civil No. 97-0234-01, First Circuit               Settlement
19 
20      Manding v. State of Hawaii, et al.             $   40,000.00
21      Civil No. 98-01004HG, U.S.D.C.                    Settlement
22 
23      Naeole v. D'enbeau, et al.                     $   62,155.77
24      Civil No. 97-0096(1), Second Circuit                Judgment
25 
26      Punohu v. State of Hawaii                      $   40,000.00
27      Civil No. 97-4289-10, First Circuit               Settlement
28 
29      Reyes v. Kaneshiro, et al.                     $   47,500.00
30      Civil No. 98-00367 SOM-FIY, U.S.D.C.              Settlement
31 
32      Timm v. State of Hawaii, et al.                $   25,000.00
33      Civil No. 97-0380, Fifth Circuit                  Settlement
34 
35      Tupuola v. Penarosa, et al.                    $  100,000.00
36      Civil No. 97-00647HG, U.S.D.C., and               Settlement
37      Civil No. 97-2163-05, First Circuit
38                                                     _____________
39      SUBTOTAL:                                      $  383,715.77
40 
41 3.   DEPARTMENT OF HEALTH:
42 
43      Bartlett v. State of Hawaii                    $   57,787.95
44      Civil No. 97-01608 ACK, U.S.D.C.                  Settlement
45           Amount of Settlement:        $ 55,489.33
46           Interest at 4% from 7/20/99: $  2,298.62
47 

 
Page 3                                                     2410
                                     S.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1      Freeman v. Espinda, et al.                     $   40,000.00
 2      Civil No. 98-00244 DAE, U.S.D.C.                  Settlement
 3 
 4      Li v. State of Hawaii, et al.                  $   32,500.00
 5      Civil No. 95-2307-06, First Circuit               Settlement
 6                                                     _____________
 7      SUBTOTAL:                                      $  130,287.95
 8 
 9 4.   DEPARTMENT OF EDUCATION:
10 
11      Brandon v. State of Hawaii                     $   25,000.00
12      Civil No. 96-0865-03, First Circuit               Settlement
13 
14      CARL Corporation v. State of Hawaii, et al.    $  654,409.29
15      PCH No. 96-4, Office of Administrative              Judgment
16         Hearings
17 
18      Downs v. State of Hawaii                       $   38,000.00
19      Civil No. 98-69, Third Circuit                    Settlement
20 
21      Koki v. State of Hawaii                        $  111,000.00
22      Civil No. 98-2230-05, First Circuit               Settlement
23 
24      Tuuefiafe v. State of Hawaii                   $   24,000.00
25      Civil No. 97-1834-05, First Circuit               Settlement
26                                                     _____________
27      SUBTOTAL:                                      $  852,409.29
28 
29 5.   DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT,
30         AND TOURISM:
31 
32      Deese v. State of Hawaii                       $   10,500.00
33      Civil No. 99-0049 HG/FIY, U.S.D.C.                Settlement
34                                                     _____________
35      SUBTOTAL:                                      $   10,500.00
36 
37 6.   HAWAII HOUSING AUTHORITY:
38 
39      Elliot V. Hawaii Housing Authority, et al.     $   12,195.41
40      Civil No. 98-2886-06, First Circuit                 Judgment
41           Amount of Judgment:          $ 11,660.41
42           Interest at 4% from 6/10/99: $    535.00
43                                                     _____________
44      SUBTOTAL:                                      $   12,195.41
45 

 
 
Page 4                                                     2410
                                     S.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1 7.   DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
 2 
 3      G. W. Murphy Construction Co./State Capitol    $  300,000.00
 4         Renovation Project                             Settlement
 5                                                     _____________
 6      SUBTOTAL:                                      $  300,000.00
 7 
 8 8.   DEPARTMENT OF HUMAN SERVICES:
 9 
10      Slaton v. State of Hawaii, et al.              $   20,000.00
11      Civil No. 96-1384-04, First Circuit                 Judgment
12                                                     _____________
13      SUBTOTAL:                                      $   20,000.00
14 
15 9.   MISCELLANEOUS CLAIMS (Escheated Warrants):
16 
17      Mere Foster-Cabaret                            $      347.38
18 
19      Mae Nagaue                                     $      426.97
20 
21      Erlinda J. Quidilla                            $      417.28
22 
23      Anna C. Tienter                                $      140.42
24 
25      Setsu Okubo                                    $      725.40
26                                                     _____________
27      SUBTOTAL:                                      $    2,057.45
28 
29      TOTAL (SECTION 1):                             $1,921,444.74
30 
31      SECTION 2.  The following sums of money are appropriated out
 
32 of the state highway fund for the purpose of satisfying claims
 
33 for legislative relief as to the following named persons, for
 
34 claims against the State or its officers or employees for
 
35 payments of judgments or settlements, or other liabilities, in
 
36 the amount set forth opposite their names:
 

 
 
 
 
 
Page 5                                                     2410
                                     S.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1 JUDGMENTS AGAINST THE STATE                              AMOUNT
 2 AND SETTLEMENTS OF CLAIMS:
 3 
 4 DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
 5 
 6 Haraguchi v. State of Hawaii                        $   75,000.00
 7 Civil No. 98-3166-07, First Circuit                    Settlement
 8 
 9 Estate of Erik Kolomitz, et al. v.                  $  835,493.68
10    State of Hawaii,
11 Civil No. 96-0108(1), Second Circuit                     Judgment
12      Amount of Judgment:               $  822,283.23
13      Interest at 4% from 3/7/00:       $   13,210.45
14 
15 Taylor-Rice v. Leigh, et al.                        $1,658,635.20
16 Civil No. 94-0173, Fifth Circuit                         Judgment
17      Amount of Judgment:               $1,592,213.10
18      Interest of 4% from 3/5/98:       $   66,422.10
19                                                     _____________
20      TOTAL (SECTION 2):                             $2,569,128.88
21 
22      GRAND TOTAL (SECTIONS 1 AND 2):                $4,490,573.62
23 
24      SECTION 3.  The sums hereinabove appropriated may be paid to
 
25 the respective persons, or for the satisfaction or settlement of
 
26 the respectively identified cases, and in the several amounts
 
27 hereinabove set forth or in lesser amounts deemed appropriate,
 
28 upon warrants or checks issued by the comptroller of the State:
 
29      (1)  Upon vouchers approved by the director of taxation as
 
30           to claims for refunds of taxes; and
 
31      (2)  Upon vouchers approved by the attorney general as to
 
32           all other claims.
 
33      SECTION 4.  Notwithstanding the sums hereinabove
 
34 appropriated as interest upon judgments against the State,
 

 
 
Page 6                                                     2410
                                     S.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 1 payment of interest shall be limited to the period from the date
 
 2 of judgment, if applicable, to thirty days after the effective
 
 3 date of this Act, as provided in section 662-8, Hawaii Revised
 
 4 Statutes, for those cases to which that statute applies.
 
 5      SECTION 5.  All unexpended and unencumbered balances of the
 
 6 appropriations made by section 1 of this Act as of the close of
 
 7 business on June 30, 2001, shall lapse into the general fund of
 
 8 the State.
 
 9      SECTION 6.  If any provision of this Act, or the application
 
10 thereof to any person or entity or circumstance is held invalid,
 
11 the invalidity does not affect other provisions or applications
 
12 of the Act which can be given effect without the invalid
 
13 provision or application, and to this end the provisions of this
 
14 Act are severable.
 
15      SECTION 7.  This Act shall take effect on July 1, 2000.