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, judgments, settlements, and miscellaneous payments. (HB2424 HD2)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2424 |
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TWENTY-FIRST LEGISLATURE, 2002 |
H.D. 2 |
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STATE OF HAWAII |
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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 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
Civil No. 98-3953-09, First Circuit Settlement
______________
SUBTOTAL: $ 900,000.00
2. DEPARTMENT OF BUSINESS, ECONOMIC
DEVELOPMENT, AND TOURISM:
National Lawyers Guild, et al. v. $ 43,784.00
City and County of Honolulu, et al. Settlement
Civil No. 01-00263 DAE-LEK, USDC
______________
SUBTOTAL: $ 43,784.00
3. DEPARTMENT OF EDUCATION:
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: $ 65,064.95
4. DEPARTMENT OF LAND AND NATURAL RESOURCES:
Kaahumanu, et al. v. State of Hawaii, et al. $ 30,239.52
Civil No. 00-00758 DAE, USDC Settlement
Amount of Settlement: $29,200.00
3.56% interest from 8/8/01: $ 1,039.52
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
______________
SUBTOTAL: $ 120,239.52
5. DEPARTMENT OF PUBLIC SAFETY:
Laybon et al. v. Smythe, et al. $ 60,000.00
Civil No. 96-0660 DAE/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: $ 263,500.00
6. 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
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SUBTOTAL: $ 166,416.64
7. 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
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SUBTOTAL: $ 1,510.17
TOTAL (SECTION 2): $ 1,560,515.28
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
Lauifi v. State of Hawaii $ 65,000.00
Civil No. 00-01-0305(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
Struba v. Olayan, et al. $ 65,000.00
Civil No. 00-1-2062-06SSM, USDC Settlement
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TOTAL (SECTION 3): $ 322,754.59
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 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, $ 15,000.00
et al., Civil No. 00-1-192K, Third Circuit Settlement
______________
SUBTOTAL: $ 15,000.00
TOTAL (SECTION 4): $ 15,000.00
Provided that 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
SECTION 5. The following sums, or so much thereof as may be necessary for fiscal year 2001-2002, are appropriated out of the stadium special 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:
JUDGEMENT AGAINST THE STATE
AND SETTLEMENT OF CLAIMS:
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
Cox, et al. v. Aloha Stadium Authority, $ 51,000.00
et al. Settlement
Civil No. 00-00118, USDC
______________
SUBTOTAL: $ 51,000.00
TOTAL (SECTION 5): $ 51,000.00
SECTION 6. The following sums, or so much thereof as may be necessary for fiscal year 2001-2002, are appropriated out of the mental health and substance abuse special 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:
JUDGEMENT AGAINST THE STATE
AND SETTLEMENT OF CLAIMS:
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
TOTAL (SECTION 6): $ 143,000.00
SECTION 7. The following sums, or so much thereof as may be necessary for fiscal year 2001-2002, are appropriated out of the special land development 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:
JUDGEMENT AGAINST THE STATE
AND SETTLEMENT OF CLAIMS:
DEPARTMENT OF LAND AND NATURAL RESOURCES
Hawaii Electric Light Co., Inc. v. $ 17,622.07
Department of Land and Natural Resources, Settlement
et al.
Civil No. 96-131K, Third Circuit
______________
SUBTOTAL $ 17,622.07
TOTAL (SECTION 7): $ 17,622.07
SECTION 8. The sums herein above 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 of the State:
(1) Upon vouchers approved by the director of taxation as to claims for refunds of taxes; and
(2) As to all other claims:
(A) Upon vouchers prepared by the head of the state department responsible for the payment of the claim with the approval of the attorney general; or
(B) Upon vouchers approved by the attorney general.
SECTION 9. 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 10. 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 11. 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 can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 12. This Act shall take effect upon its approval.