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HOUSE OF REPRESENTATIVES

H.B. NO.

2424

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

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 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:

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 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 LAND AND NATURAL RESOURCES:

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

Civil No. 99-217K, Third Circuit Judgment

No interest

______________

SUBTOTAL: $ 36,720.48

 

6. DEPARTMENT OF PUBLIC SAFETY:

Miguel v. State of Hawaii $ 13,500.00

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

______________

SUBTOTAL: $ 13,500.00

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): $ 1,254,579.60

 

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

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

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TOTAL (SECTION 3): $ 192,754.59

 

SECTION 4. The legislature finds and declares that the following claim for legislative relief recommended for approval as to the following named person for claims against the State or the department of public safety or its officers or employees for the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their name, is approved for payment:

JUDGMENTS AGAINST THE STATE

AND SETTLEMENTS OF CLAIMS:

DEPARTMENT OF PUBLIC SAFETY:

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

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

______________

SUBTOTAL: $ 60,000.00

TOTAL (SECTION 4): $ 60,000.00

Provided that of the legislative appropriations for the department of public safety for fiscal year 2002-2003 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by ___.B. No._____ (the Supplemental Appropriations Act of 2002), the following sums shall be expended for the payment of this settlement:

Program ID (PSD 402 HALAWA CORRECTIONAL FACILITY)

General funds $ 60,000.00

SECTION 5. 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 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 6. 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 7. All unexpended and unencumbered balances of the appropriations made by section 1 of this Act as of the close of business on June 30, 2003, shall lapse into the general fund of the State.

SECTION 8. If any provision of this Act, or the application thereof to any person or entity or circumstance is held invalid, the invalidity does not effect 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 9. This Act shall take effect upon its approval.

INTRODUCED BY:

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