STAND. COM. REP. NO.674-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2424

H.D. 2




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Finance, to which was referred H.B. No. 2424, H.D. 1, entitled:


begs leave to report as follows:

The purpose of this bill is to appropriate funds to satisfy claims against the State for refunds of taxes, judgments, settlements, and miscellaneous claims.

As received by your Committee, this bill contained 26 claims totaling $1,923,990.35.

The Attorney General submitted testimony in support of this bill.

Your Committee has amended this bill by:

(1) Including five additional claims recently resolved by the Attorney General:

(A) Bank of New York v. Converse, et al., Civil No. 00-1-0607-02, First Circuit, $70,000 Settlement;

(B) Kepa et al. V. Okada Trucking Co., et al., Civil No. 00-1-1437-05, First Circuit, $20,000 Settlement;

(C) Pahk v. State of Hawaii, et al., Civil No. 99-00849 SOM-LEK, USDC, $40,000 Settlement;

(D) Preston v. State of Hawaii, Civil No. 99-2000-05, First Circuit, $75,000 Settlement; and

(E) Hawaii Electric Light Company, Inc. v. Department of Land and Natural Resources, et al., Civil No. 96-131K, Third Circuit, $17,622.07 Judgment from the Special Land Development Fund;

(2) Paying the following claims from special or revolving funds, instead of the state general fund:

(A) Cox v. Aloha Stadium Authority, et al., Civil No. 00-00118, USDC, to be paid from the Stadium Special Fund; and

(B) Roes I, II, and III v. State of Hawaii, et al., Civil Nos. 99-00079, 99-00308, and 99-00309, USDC, to be paid from the Mental Health and Substance Abuse Special Fund;

(3) Paying the settlement for Laybon v. Smythe, et al., Civil No. 96-0660, USDC, from the state general fund instead of the Department of Public Safety's budget appropriation;

(4) Splitting the source of funding for the Kelly, et al. v. 1250 Oceanside Partners, et al, Civil No. 00-1-192K, Third Circuit, claim of $15,000 so that $7,500 comes from the Historic Preservation (LNR 802) General Fund and $7,500 comes from the Na Ala Hele Program (LNR 804) Special Fund;

(5) Deleting the claim for Mitchell v. State of Hawaii, Civil No. 99-217K, Third Circuit, because it was previously paid from the Department of Transportation Highways Fund. Your Committee finds that payment of this claim from the Highways Fund was an appropriate use of Fund moneys, and that it is inappropriate for the State to reimburse the Highways Fund for this claim;

(6) Making other technical, nonsubstantive amendments for purposes of style, clarity, and consistency.

As amended by your Committee, all claims paid by this bill total $2,109,891.94.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2424, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2424, H.D. 2.


Respectfully submitted on behalf of the members of the Committee on Finance,