Report Title:
Claims against the State
Description:
Provides for the authorization and payment of claims against the State, including the University of Hawaii, for refunds of taxes, for judgments and settlements, and for other miscellaneous payments.(SB2682 HD2)
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THE SENATE |
S.B. NO. |
2682 |
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TWENTY-FIRST LEGISLATURE, 2002 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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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:
PART I
SECTION 1. This part 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, et al. 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, AND TOURISM:
National Lawyers Guild, et al. v. $ 43,784.00
City and County of Honolulu Settlement
Civil No. 01-00263 DAE-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. $ 65,361.50
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 $ 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, 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
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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
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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 part; 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, et al. $ 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. Department of Transportation, et al. $ 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
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TOTAL (SECTION 3): $ 377,754.59
The sums appropriated shall be expended by the department of transportation for the purposes of this part.
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, 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 part.
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, 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, Inc. 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 by the department of land and natural resources 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 effective date of this part, as provided in section 662-8, Hawaii Revised Statutes, for those cases to which that statute applies.
PART II
SECTION 8. The following sum or so much thereof as may be necessary for fiscal year 2002-2003 is appropriated out of the University of Hawaii commercial enterprises revolving fund for the purpose of satisfying claims for legislative relief as to the following named person for claims against the University of Hawaii or its officers or employees for payments of judgments, settlements, or other liabilities, in the amount set forth opposite their names:
JUDGMENTS AGAINST THE UNIVERSITY OF HAWAII AMOUNT
AND SETTLEMENTS OF CLAIMS:
Silva v. University of Hawaii, et al. $ 138,162.50
Civil No. 99-00636, SPK/BMK, USDC Settlement
_____________
SUBTOTAL: $ 138,162.50
TOTAL (SECTION 8): $ 138,162.50
The sum appropriated shall be expended by the University of Hawaii for the purposes of this part.
SECTION 9. Notwithstanding the sums hereinabove, if any, stated as interest upon judgments against the University of Hawaii, payment of interest shall be limited to the period from the date of judgment, if applicable, to thirty days after the effective date of this part, as provided in section 662-8, Hawaii Revised Statutes, for those cases to which that statute applies.
PART III
SECTION 10. All unexpended and unencumbered balances of the appropriations made under section 2 and section 8 of this Act as of the close of business on June 30, 2003, shall lapse into the general fund.
SECTION 11. If any provision of this Act, or the application thereof to any person 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; provided that part II of this Act shall take effect on July 1, 2002.