Report Title:

Making appropriations for claims against the state, its officers, or its employees

Description:

Provides for the authorization and payment of claims against the State for refunds of taxes, for judgments and settlements, and for other miscellaneous payments.(SB2682 HD1)

THE SENATE

S.B. NO.

2682

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

H.D. 1


 

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. This Act is recommended by the governor for immediate passage in accordance with section 9 of article VII of the Constitution of the State of Hawaii.

SECTION 2. The following sums, or so much thereof as may be necessary for fiscal year 2001-2002, 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 amount set forth opposite their names:

JUDGMENTS AGAINST THE STATE AMOUNT

AND SETTLEMENTS OF CLAIMS:

1. DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:

Certified Storage, Inc. dba West Waipahu $ 900,000.00

Center v. State of Hawaii Settlement

Civil No. 98-3953-09, First Circuit

Cox v. Aloha Stadium Authority, et al. $ 51,000.00

Civil No. 00-00118, USDC Settlement

______________

SUBTOTAL: $ 951,000.00

2. DEPARTMENT OF BUSINESS ECONOMIC

DEVELOPMENT & TOURISM:

National Lawyers Guild, et al. v. $ 43,784.00

City and County of Honolulu, et al. Settlement

Civil No. 01-00263DAE-LEK, USDC

______________

SUBTOTAL: $ 43,784.00

3. DEPARTMENT OF EDUCATION:

Doe, et al. v. State of Hawaii, et al. $ 125,000.00

Civil No. 00-1-2430SSM, First Circuit Settlement

Macy, et al. v. State of Hawaii, et al. $ 75,000.00

Civil No. 94-1026-03, First Circuit Settlement

Manaole v. State of Hawaii, et al. $ 25,000.00

Civil No. 00-00393 SOM/LEK, USDC Settlement

Small v. State of Hawaii, et al. $ 45,000.00

Civil No. 99-4671-12(VLC), First Circuit Settlement

Watanabe v. State of Hawaii, et al. $ 20,064.95

Civil No. 00-1-0003, Fifth Circuit Judgment

Amount of judgment: $19,520.95

4% interest from 11/20/01: $ 544.00

______________

SUBTOTAL: $ 290,064.95

4. DEPARTMENT OF HEALTH:

Roes I, II and III v. State of Hawaii, $ 143,000.00

et al., Civil Nos. 99-00079, 99-00308 Settlement

and 99-00309, USDC

______________

SUBTOTAL: $ 143,000.00

5. DEPARTMENT OF HUMAN SERVICES

Gelbish, et al. v. Reeber, et al. $ 50,000.00

Civil No. 97-0665-02, First Circuit Settlement

______________

SUBTOTAL: $ 50,000.00

6. DEPARTMENT OF LAND AND NATURAL RESOURCES:

Bank of New York v. Converse, et al. $ 70,000.00

Civil No. 00-1-0607-02, First Circuit Settlement

Kepa, et al. v. Okada Trucking Co., et al. $ 20,000.00

Civil No. 00-1-1437-05, First Circuit Settlement

Ludlow v. County of Maui, et al. $ 65,361.60

Civil No. 99-0662-1, Second Circuit Judgment

Amount of Judgment: $64,062.50

4% interest from 1-28-02: $1,299.00

Mitchell v. State of Hawaii, et al. $ 36,720.48

Civil No. 99-217K, Third Circuit Judgment

No interest

Kaahumanu, et al. v. State of Hawaii, $ 30,239.52

et al., Civil No. 00-00758 DAE, USDC Settlement

Amount of settlement: $29,200.00

3.56% interest from 8/8/01: $1,039.52

O'Connor, et al. v. County of Maui, et al. $75,000.00

Civil No. 94-0544, Second Circuit Settlement

Rode v. State of Hawaii, et al. $ 28,948.00

Civil No. 00-1-0313(3), Second Circuit Judgment

Amount of Judgment: $27,776.00

4% interest from 7/12/01: $1,172.00

______________

SUBTOTAL: $ 326,269.60

 

7. DEPARTMENT OF PUBLIC SAFETY:

Gomes v. State of Hawaii, et al. $ 32,500.00

Civil No. 00-1-1048-03, First Circuit Settlement

Kalamau v. State of Hawaii $ 27,436.00

Civil No. 00-1-0496, Third Circuit Judgment

Amount of Judgment: $26,000.00

4% interest from 3-1-02: 436.00

Costs: 1,000.00

Laybon v. Hall, et al. $ 60,000.00

Civil No. 96-0660DAE/BMK, USDC Settlement

Miguel v. State of Hawaii $ 13,500.00

Civil No. 99-0801-02, First Circuit Settlement

Naki v. State of Hawaii $ 75,000.00

Civil No. 99-3344-09, First Circuit Settlement

Pahk v. State of Hawaii, et al. $ 40,000.00

Civil No. 99-00849 SOM-LEK, USDC Settlement

Preston v. State of Hawaii $ 75,000.00

Civil No. 99-2000-05, First Circuit Settlement

______________

SUBTOTAL: $ 323,436.00

8. OFFICE OF THE GOVERNOR:

Rice v. Cayetano $ 166,416.64

Civil No. 96-00390 DAE, USDC Judgment

Amount of judgment: $151,010.68

6.052% interest from 12/8/00: $15,405.96

______________

SUBTOTAL: $ 166,416.64

9. MISCELLANEOUS CLAIMS (Escheated Checks):

Stephanie A. Cadelinia $ 152.00

Sau Hing L. Goo $ 127.50

Amy E.T. Kobayashi $ 138.30

Demas Medeiros $ 166.00

Wilma Oskendahl $ 97.00

Debra Y.H. Pang $ 497.37

Rochelle Ugale Uganiza $ 332.00

______________

SUBTOTAL: $ 1,510.17

TOTAL (SECTION 2): $ 2,295,481.36

The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act; provided that of the general fund appropriation for Mitchell v. State of Hawaii, Civil No. 99-217K, Third Circuit, the sum of $36,720.48 shall be deposited to the credit of the state harbors fund.

SECTION 3. The following sums, or so much thereof as may be necessary for fiscal year 2001-2002, 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 the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their names:

JUDGMENTS AGAINST THE STATE

AND SETTLEMENTS OF CLAIMS:

DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:

DeSilva v. State of Hawaii $ 12,754.59

Civil No. 97-0303(3), Second Circuit Judgment

No interest

Higuchi v. State of Hawaii $ 35,000.00

Civil No. 00-1-3644-11, First Circuit Settlement

Hurr v. State of Hawaii $ 20,000.00

Civil No. 01-1-1058-04, First Circuit Settlement

Lopez-Quezada, et al. v. State of Hawaii $ 35,000.00

Civil No. 96-0991(2), Second Circuit Settlement

Rim v. State of Hawaii $ 125,000.00

Civil No. 95-4350-11, First Circuit Settlement

Ross v. State of Hawaii, et al. $ 20,000.00

Civil No. 00-1-0087, Fifth Circuit Settlement

Lauifi v. State of Hawaii $ 65,000.00

Civil No. 00-01-0350(2), Second Circuit Settlement

Struba v. Olayan, et al. $ 65,000.00

Civil No. 00-1-2062-06SSM, USDC Settlement

______________

TOTAL (SECTION 3): $ 377,754.59

The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 4. The following sums, or so much thereof as may be necessary for fiscal year 2001-2002, are appropriated out of the general revenues of the state of Hawaii and the special funds of the department of land and natural resources, as specified, 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 the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their names:

JUDGMENTS AGAINST THE STATE

AND SETTLEMENTS OF CLAIMS:

DEPARTMENT OF LAND AND NATURAL RESOURCES:

Kelly, et al. v. 1250 Oceanside Partners,

et al., Civil No. 00-1-192K, Third Circuit $ 15,000.00

Settlement

______________

SUBTOTAL: $ 15,000.00

TOTAL (SECTION 4): $ 15,000.00

Provided that the sums appropriated shall be expended from the sources of funding as indicated below:

Historic Preservation (LNR 802) General Fund $ 7,500.00

Na Ala Hele Program (LNR 804) Special fund $ 7,500.00

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. The following sum, or so much thereof as may be necessary for fiscal year 2001-2002, is appropriated out of the special land development fund for the purpose of satisfying claims for legislative relief as to the following named person, for claims against the State or its officers or employees for the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their names:

JUDGMENTS AGAINST THE STATE

AND SETTLEMENTS OF CLAIMS:

department of land and natural resources

Hawaii Electric Light Company, v. $ 17,622.07

Department of Land and Natural Resources, Judgment

et al., Civil No. 96-131K, Third Circuit No Interest

_____________

SUBTOTAL: $ 17,622.07

TOTAL (SECTION 5): $ 17,622.07

Provided that the sums appropriated shall be expended from the sources of funding as indicated below:

Special Land Development Fund $ 17,622.07

(LNR 101) Special fund

SECTION 6. The sums hereinabove may be paid to the respective persons, or for the satisfaction or settlement of the respectively identified cases, and in the several amounts hereinabove set forth or in lesser amounts deemed appropriate, upon checks issued by the comptroller; provided departments must obtain the approval of the attorney general before payment of any claim can be made.

SECTION 7. 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 approval of this Act, as provided in section 662-8, Hawaii Revised Statutes, for those cases to which that statute applies.

SECTION 8. All unexpended and unencumbered balances of the appropriations made by section 2 of this Act as of the close of business on June 30, 2003, shall lapse into the general fund of the State.

SECTION 9. If any provision of this Act, or the application thereof to any person or entity or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which may be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 10. This Act shall take effect upon its approval.