REPORT TITLE:
State Claims Appropriations


DESCRIPTION:
Appropriates funds for settlements and judgments of claims
against the State.  (HB2410 SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2410
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 2
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 
25      Palila v. Hawaii Department of Land and        $   12,378.50
26         Natural Resources,
27      Civil No. 78-0030 SPK, U.S.D.C.
28 

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

 
 1      Harold Masumoto                                $   19,702.26
 2                                                     _____________
 3 
 4      SUBTOTAL:                                      $   95,047.34
 5 
 6 2.   DEPARTMENT OF PUBLIC SAFETY:
 7 
 8      Allen v. Iranon, et al.                        $  750,654.00
 9      Civil No. 97-00175ACK-FIY, U.S.D.C.                         
10      Domingo v. State of Hawaii, et al.             $   37,500.00
11      Civil No. 94-3753-10, First Circuit               Settlement
12 
13      Larson v. Luczon, et al.                       $   20,000.00
14      Civil No. 97-0234-01, First Circuit               Settlement
15 
16      Manding v. State of Hawaii, et al.             $   40,000.00
17      Civil No. 98-01004HG, U.S.D.C.                    Settlement
18 
19      Naeole v. D'enbeau, et al.                     $   62,155.77
20      Civil No. 97-0096(1), Second Circuit                Judgment
21 
22      Punohu v. State of Hawaii                      $   40,000.00
23      Civil No. 97-4289-10, First Circuit               Settlement
24 
25      Reyes v. Kaneshiro, et al.                     $   47,500.00
26      Civil No. 98-00367 SOM-FIY, U.S.D.C.              Settlement
27 
28      Timm v. State of Hawaii, et al.                $   25,000.00
29      Civil No. 97-0380, Fifth Circuit                  Settlement
30 
31      Tupuola v. Penarosa, et al.                    $  100,000.00
32      Civil No. 97-00647HG, U.S.D.C., and               Settlement
33      Civil No. 97-2163-05, First Circuit
34 
35      Fernandez v. State of Hawaii, et al.           $   85,653.55
36      Civil No. 97-01548HG-BMK, USDC                    Settlement
37 
38      Olson v. State of Hawaii, et al.               $   75,000.00
39      Civil No. 98-0214-01(GCN), First Circuit          Settlement
40                                                     _____________
41 
42      SUBTOTAL:                                      $  648,369.32
43 

 
 
 
 
Page 3                                                     2410
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1 3.   DEPARTMENT OF HEALTH:
 2 
 3      Bartlett v. State of Hawaii                    $   57,787.95
 4      Civil No. 97-01608 ACK, U.S.D.C.                  Settlement
 5           Amount of Settlement:        $ 55,489.33
 6           Interest at 4% from 7/20/99: $  2,298.62
 7 
 8      Freeman v. Espinda, et al.                     $   40,000.00
 9      Civil No. 98-00244 DAE, U.S.D.C.                  Settlement
10 
11      Li v. State of Hawaii, et al.                  $   32,500.00
12      Civil No. 95-2307-06, First Circuit               Settlement
13 
14      Thompson v. State of Hawaii, et al.            $   50,000.00
15      Civil No. 98-1612-04, First Circuit               Settlement
16                                                     _____________
17      SUBTOTAL:                                      $  180,287.95
18 
19 4.   DEPARTMENT OF EDUCATION:
20 
21      Brandon v. State of Hawaii                     $   25,000.00
22      Civil No. 96-0865-03, First Circuit               Settlement
23 
24      CARL Corporation v. State of Hawaii, et al.    $  654,409.29
25      PCH No. 96-4, Office of Administrative              Judgment
26         Hearings
27 
28      Downs v. State of Hawaii                       $   38,000.00
29      Civil No. 98-69, Third Circuit                    Settlement
30 
31      Koki v. State of Hawaii                        $  111,000.00
32      Civil No. 98-2230-05, First Circuit               Settlement
33 
34      Tuuefiafe v. State of Hawaii                   $   24,000.00
35      Civil No. 97-1834-05, First Circuit               Settlement
36 
37      Giltner v. State of Hawaii                     $   49,306.60
38      Civil No. 98-0-003938(CKH), First Circuit         Settlement
39                                                     _____________
40      SUBTOTAL:                                      $  901,715.89
41 
42 5.   DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT,
43         AND TOURISM:
44 
45      Deese v. State of Hawaii                       $   10,500.00
46      Civil No. 99-0049 HG/FIY, U.S.D.C.                Settlement
47 

 
Page 4                                                     2410
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1      Larobis v. State of Hawaii                     $  250,000.00
 2      Civil No. 98-00088 ACK, USDC                      Settlement
 3                                                     _____________
 4      SUBTOTAL:                                      $  260,500.00
 5 
 6 6.   HAWAII HOUSING AUTHORITY:
 7 
 8      Elliot V. Hawaii Housing Authority, et al.     $   12,195.41
 9      Civil No. 98-2886-06, First Circuit                 Judgment
10           Amount of Judgment:          $ 11,660.41
11           Interest at 4% from 6/10/99: $    535.00
12                                                     _____________
13      SUBTOTAL:                                      $   12,195.41
14 
15 7.   DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
16 
17      G. W. Murphy Construction Co./State Capitol    $  300,000.00
18         Renovation Project                             Settlement
19                                                     _____________
20      SUBTOTAL:                                      $  300,000.00
21 
22 8.   DEPARTMENT OF HUMAN SERVICES:
23 
24      Slaton v. State of Hawaii, et al.              $   20,000.00
25      Civil No. 96-1384-04, First Circuit                 Judgment
26                                                     _____________
27      SUBTOTAL:                                      $   20,000.00
28 
29 9.   MISCELLANEOUS CLAIMS (Escheated Warrants):
30 
31      Mere Foster-Cabaret                            $      347.38
32 
33      Mae Nagaue                                     $      426.97
34 
35      Erlinda J. Quidilla                            $      417.28
36 
37      Anna C. Tienter                                $      140.42
38 
39      Setsu Okubo                                    $      725.40
40 
41      Catherine Bratt                                $   12,975.11
42                                                     _____________
43      SUBTOTAL:                                      $   15,032.56
44 
45      TOTAL (SECTION 1):                             $3,068,242.47
46 

 
Page 5                                                     2410
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1      SECTION 2.  The following sums of money are appropriated out
 
 2 of the state highway fund for the purpose of satisfying claims
 
 3 for legislative relief as to the following named persons, for
 
 4 claims against the State or its officers or employees for
 
 5 payments of judgments or settlements, or other liabilities, in
 
 6 the amount set forth opposite their names:
 
 7 JUDGMENTS AGAINST THE STATE                              AMOUNT
 8 AND SETTLEMENTS OF CLAIMS:
 9 
10 DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:
11 
12 Haraguchi v. State of Hawaii                        $   75,000.00
13 Civil No. 98-3166-07, First Circuit                    Settlement
14 
15 Estate of Erik Kolomitz, et al. v.                  $  835,493.68
16    State of Hawaii,
17 Civil No. 96-0108(1), Second Circuit                     Judgment
18      Amount of Judgment:               $  822,283.23
19      Interest at 4% from 3/7/00:       $   13,210.45
20 
21 Taylor-Rice v. Leigh, et al.                        $1,658,635.20
22 Civil No. 94-0173, Fifth Circuit                         Judgment
23      Amount of Judgment:               $1,592,213.10
24      Interest of 4% from 3/5/98:       $   66,422.10
25                                                     _____________
26      TOTAL (SECTION 2):                             $2,569,128.88
27 
28      GRAND TOTAL (SECTIONS 1 AND 2):                $5,637,371.35
29 
30      SECTION 3.  The sums hereinabove appropriated may be paid to
 
31 the respective persons, or for the satisfaction or settlement of
 
32 the respectively identified cases, and in the several amounts
 
33 hereinabove set forth or in lesser amounts deemed appropriate,
 
34 upon warrants or checks issued by the comptroller of the State:
 

 
 
Page 6                                                     2410
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1      (1)  Upon vouchers approved by the director of taxation as
 
 2           to claims for refunds of taxes; and
 
 3      (2)  Upon vouchers approved by the attorney general as to
 
 4           all other claims.
 
 5      SECTION 4.  Notwithstanding the sums hereinabove
 
 6 appropriated as interest upon judgments against the State,
 
 7 payment of interest shall be limited to the period from the date
 
 8 of judgment, if applicable, to thirty days after the effective
 
 9 date of this Act, as provided in section 662-8, Hawaii Revised
 
10 Statutes, for those cases to which that statute applies.
 
11      SECTION 5.  All unexpended and unencumbered balances of the
 
12 appropriations made by section 1 of this Act as of the close of
 
13 business on June 30, 2001, shall lapse into the general fund of
 
14 the State.
 
15      SECTION 6.  If any provision of this Act, or the application
 
16 thereof to any person or entity or circumstance is held invalid,
 
17 the invalidity does not affect other provisions or applications
 
18 of the Act which can be given effect without the invalid
 
19 provision or application, and to this end the provisions of this
 
20 Act are severable.
 
21      SECTION 7.  This Act shall take effect on July 1, 2000.  The
 
22 amount appropriated in section 2 for Allen v. Iranon, et al.,
 
23 shall be reduced or eliminated if and to the extent that the
 

 
Page 7                                                     2410
                                     H.B. NO.           H.D. 1
                                                        S.D. 2
                                                        

 
 1 amount awarded is reduced or overturned if the State of Hawaii
 
 2 prevails in its appeal of that judgment.