REPORT TITLE:
Claims Against UH

DESCRIPTION:
Appropriates funds for the payment of settlements entered into by
the University of Hawaii.  Requires UH to take remedial measures
in claims against the university and to consult with the
university president before entering into settlements.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2620
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE RELIEF OF CERTAIN PERSONS' CLAIMS AGAINST THE
   UNIVERSITY OF HAWAII 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 to the University
 
 3 of Hawaii's Systemwide Programs (UOH 900), for the purpose of
 
 4 satisfying claims for legislative relief as to the following
 
 5 named persons, firms, corporations, and entities, for claims
 
 6 against the University of Hawaii or its officers or employees for
 
 7 payments of judgments or settlements, or other liabilities, in
 
 8 the amount set forth opposite their names:
 
 9 JUDGMENTS AGAINST THE UNIVERSITY OF HAWAII                 AMOUNT
10 AND SETTLEMENTS OF CLAIMS:
11 
12 In re University of Hawaii, Manoa Campus              $116,100.00
13 EPA Docket No. TCSA-09-02-0014                         Settlement
14 
15 Lam v. University of Hawaii, et al.                   $ 30,000.00
16 Civil No. 89-00378 MLR, USDC                           Settlement
17 
18 Tracy v. University of Hawaii                         $ 50,000.00
19 Civil No. 99-00018 SOM, USDC                           Settlement
20 
21 United States of America v. A.H. Robins               $  5,682.72
22 Company, et al.                                        Settlement
23 
24 MISCELLANEOUS CLAIMS: 
25 
26 Charles Feick                                         $ 20,000.00
27 
28 Cash payment to the Department of Health              $505,000.00
29 and the Environmental Protection Agency for

 
Page 2                                                     2620
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 improper storage and disposal of hazardous
 2 materials (includes $95,000 good faith credit)
 3 
 4 Estimated expenditures for waste minimization         $800,000.00
 5 and pollution prevention as required by the
 6 Department of Health and the Environmental
 7 Protection Agency for improper storage and
 8 disposal of hazardous materials
 9 
10      SECTION 2.  Notwithstanding the sums hereinabove
 
11 appropriated as interest upon judgments against the University of
 
12 Hawaii, payment of interest shall be limited to the period from
 
13 the date of judgment, if applicable, to thirty days after the
 
14 effective date of this Act, as provided in section 662-8, Hawaii
 
15 Revised Statutes, for those cases to which that statute applies.
 
16      SECTION 3.  All unexpended and unencumbered balances of the
 
17 appropriations made by section 1 of this Act as of the close of
 
18 business on June 30, 2001, shall lapse into the general fund.
 
19      SECTION 4.  Chapter 304, Hawaii Revised Statutes, is amended
 
20 by adding a new section to be appropriately designated and to
 
21 read as follows:
 
22      "§304-     Claims against the University of Hawaii; remedial
 
23 measures.  (a)  The general counsel of the University of Hawaii
 
24 shall develop and implement a procedure, no later than October 1,
 
25 2000, for advising all departments and schools of the university,
 
26 on how to avoid future claims against the university, by
 
27 requesting all departments and schools of the university to take
 

 
 
Page 3                                                     2620
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1 corrective action to eliminate or mitigate those factors
 
 2 identified by the general counsel as contributing to the
 
 3 university's negligence.  Based upon this advice, all university
 
 4 departments and schools shall develop new policies or modify
 
 5 existing practices to avoid repetition of similar claims.
 
 6      (b)  The general counsel shall submit a report to the
 
 7 speaker of the house of representatives, the president of the
 
 8 senate, and the chairs of the house and senate judiciary
 
 9 committees no later than twenty days prior to the convening of
 
10 each regular legislative session describing the claims and the
 
11 attendant circumstances therein and containing the advice for
 
12 corrective action rendered to a department or school of the
 
13 university. 
 
14      The report shall also contain the remedial measures which
 
15 the general counsel shall take or recommended that the
 
16 legislature take if a department or school fails to take
 
17 corrective action within a reasonable period of time.  The report
 
18 shall be deemed a confidential and privileged communication to
 
19 the legislature and shall not be disclosed pursuant to sections
 
20 92F-13 and 92F-19(b).
 
21      (c)  The general counsel of the University of Hawaii shall
 
22 consult with the president of the University of Hawaii prior to
 
23 entering into any settlement agreement for awards exceeding
 
24 $75,000 that are subject to legislative approval."
 

 
Page 4                                                     2620
                                     H.B. NO.           H.D. 2
                                                        S.D. 1
                                                        

 
 1      SECTION 5.  If any provision of this Act, or the application
 
 2 thereof to any person or entity or circumstances is held invalid,
 
 3 the invalidity does not affect other provisions or applications
 
 4 of the Act which can be given effect without the invalid
 
 5 provision or application, and to this end the provisions of this
 
 6 Act are severable.
 
 7      SECTION 6.  New statutory material is underscored.
 
 8      SECTION 7.  This Act shall take effect on July 1, 2000.
 
 9