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. (CD1)

THE SENATE

S.B. NO.

2682

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

H.D. 2


C.D. 1

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 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 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, $ 51,000.00

et al., Civil No. 00-00118, USDC Settlement

Lista v. State of Hawaii, et al. $ 22,042.18

Civil No. 00-1-3082-10, First Circuit Judgment

Amount of Judgment: $21,767.18

4% interest from 3/22/02: $ 275.00

______________

SUBTOTAL: $ 973,042.18

2. DEPARTMENT OF BUSINESS, ECONOMIC

DEVELOPMENT, & TOURISM:

National Lawyers Guild, et al. v. $ 43,784.00

City and County of Honolulu Settlement

Civil No. 01-00263 DAE-LEK, USDC

Suntera v. Quinn, et al. $ 75,000.00

Civil No. 96-3580-08, First Circuit Settlement

______________

SUBTOTAL: $ 118,784.00

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

Shimizu v. State of Hawaii, et al. $ 30,000.00

Civil No. 99-3554-01, First Circuit 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: $ 320,064.95

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

Kihara, et al. v. Chandler $ 1,683,541.44

Civil No. 00-1-2847-09SSM, First Circuit Settlement

______________

SUBTOTAL: $ 1,733,541.44

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, et al. $ 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: $ 326,269.50

7. DEPARTMENT OF PUBLIC SAFETY:

Akau v. State of Hawaii $ 15,000.00

Civil No. 99-3238-08, First Circuit Settlement

Barona v. State of Hawaii $ 42,500.00

Civil No. 01-1-0044-01, First Circuit Settlement

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

Lawrence v. Akana, et al. $ 10,000.00

Civil No. 01-00299SOM-LEK, USDC Settlement

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: $ 390,936.00

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

______________

SUBTOTAL: $ 166,416.64

9. MISCELLANEOUS CLAIMS:

Stephanie A. Cadelinia $ 152.00

Meka Eastman $ 3,500.00

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: $ 5,010.17

TOTAL (SECTION 2): $ 4,177,064.88

The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act; 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:

Carvalho v. State of Hawaii $ 75,000.00

Civil No. 00-1-0475, Third Circuit Settlement

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

Hurr v. State of Hawaii $ 20,000.00

Civil No. 01-1-1058-04, First Circuit Settlement

Kramer v. Ellett, et al. $ 26,132.32

Civil No. 97-256, Third Circuit Judgment

Interest Included

Le, et al. Yasuda, et al. $ 200,000.00

Civil No. 00-1-2813-09, First Circuit Settlement

Lopez-Quezada, et al. v. State of Hawaii $ 35,000.00

Civil No. 96-0991(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

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, First Circuit Settlement

_____________

TOTAL (SECTION 3): $ 678,886.91

The sums appropriated shall be expended by the department of transportation for purposes of this Act.

SECTION 4. The following sum, or so much thereof as may be necessary for fiscal year 2001-2002, are appropriated out of the state harbor 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, HARBORS DIVISION:

Fernandez, et al. v. State of Hawaii $ 75,000.00

Civil No. 99-2522-07, First Circuit Settlement

_____________

TOTAL (SECTION 4): $ 75,000.00

The sum appropriated shall be expended by the department of transportation for purposes of this Act.

SECTION 5. 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 land and natural resources 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 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 5): $ 15,000.00

Provided that of the legislative appropriation for the department of land and natural resources for fiscal year 2002-2003 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, and as further amended by H.B. No. 1800 (the Supplemental Appropriations Act of 2002), the general fund sum of $7,500.00 from the Historic Preservation Program (LNR 802), and the special fund sum of $7,500.00 from the Na Ala Hele program special fund (LNR 804), shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 6. 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 accounting and general services 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 ACCOUNTING AND GENERAL SERVICES:

Kobayashi, et al. v. State of Hawaii, et al. $ 8,000.00

Civil No. 00-1-2816-09, First Circuit Settlement

_____________

SUBTOTAL: $ 8,000.00

TOTAL (SECTION 6): $ 8,000.00

Provided that of the legislative appropriation for the department of accounting and general services for fiscal year 2001-2002 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, and as further amended by H.B. No. 1800 (the Supplemental Appropriations Act of 2002), the general fund sum of $8,000.00 shall be expended from the Construction Program (AGS 221) by the department of accounting and general services for the purposes of this Act.

SECTION 7. 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 education 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 EDUCATION:

Kobayashi, et al. v. State of Hawaii, et al. $ 8,000.00

Civil No. 00-1-2816-09, First Circuit Settlement

_____________

SUBTOTAL: $ 8,000.00

TOTAL (SECTION 7): $ 8,000.00

Provided that of the legislative appropriation for the department of education for fiscal year 2001-2002 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, and as further amended by H.B. No. 1800 (the Supplemental Appropriations Act of 2002), the general fund sum of $8,000.00 shall be expended from the School Based Budgeting Program (EDN 100) by the department of education for the purposes of this Act.

SECTION 8. 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:

Hernandez v. State of Hawaii, et al. $ 17,500.00

Civil No. 01-1-1733-06(SSM), First Circuit Settlement

_____________

SUBTOTAL: $ 17,500.00

TOTAL (SECTION 8): $ 17,500.00

Provided that of the legislative appropriation for the department of public safety for fiscal year 2001-2002 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, and as further amended by H.B. No. 1800 (the Supplemental Appropriations Act of 2002), the general fund sum of $17,500.00 shall be expended from the Health Care Division Program (PSD 421) by the department of public safety for the purposes of this Act.

SECTION 9. 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 land and natural resources 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 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 9): $ 17,622.07

Provided that of the legislative appropriation for the department of land and natural resources for fiscal year 2001-2002 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, and as further amended by H.B. No. 1800 (the Supplemental Appropriations Act of 2002), the special fund sum of $17,622.07 shall be expended from the Special Land and Development Fund special fund in LNR 101, by the department of land and natural resources for the purposes of this Act.

SECTION 10. The sums hereinabove may be paid to the respective persons, or for the satisfaction or settlement of the respectively identified cases, and in 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 11. 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 their statute applies.

PART II

SECTION 12. The legislature finds and declares that the following claims for legislative relief recommended for approval as to the following named person for claims against the State or the University of Hawaii 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 UNIVERSITY OF HAWAII AMOUNT

AND SETTLEMENTS OF CLAIMS:

Hoshijo, et al. v. State of Hawaii, et al. $ 25,000.00

FEP No. 8743; EEOC 37B-98-0075 Settlement

Silva v. University of Hawaii, et al. $ 138,162.50

Civil No. 99-00636, SPK/BMK, USDC Settlement

_____________

SUBTOTAL: $ 163,162.50

TOTAL (SECTION 12): $ 163,162.50

Provided that of the legislative appropriation for the University of Hawaii for fiscal year 2002-2003 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, and as further amended by H.B. No. 1800 (the Supplemental Appropriations Act of 2002), the following special fund sum of $163,162.50 shall be expended from the University of Hawaii tuition and fees special fund by the University of Hawaii for purposes of this Act.

SECTION 13. 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 14. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2003, shall lapse.

SECTION 15. If any provision of this Act, or the application thereof to any person 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 16. This Act shall take effect upon its approval; provided that part II of this Act shall take effect on July 1, 2002.