Report Title:

Appropriations; State Liabilities

Description:

Appropriates funds for payment of claims against the State, tax refunds, judgments and settlements, and other miscellaneous payments. (SB1264 SD2)

THE SENATE

S.B. NO.

1264

TWENTY-SECOND LEGISLATURE, 2003

S.D. 2

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:

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 2002-2003 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 amounts set forth opposite their names:

JUDGMENTS AGAINST THE STATE AMOUNT

AND SETTLEMENTS OF CLAIMS:

1. DEPARTMENT OF EDUCATION:

Ibarra, et al. v. State of Hawaii, et al. $ 40,000.00

Civil No. 01-1-0055K, Third Circuit Settlement

Kane v. State of Hawaii, et al. $ 37,500.00

Civil No. 98-2226-05, First Circuit Settlement

_____________

SUBTOTAL: $ 77,500.00

2. OFFICE OF THE GOVERNOR:

Arakaki v. State of Hawaii $ 55,494.08

Civil No. 00-00514, USDC Judgment

Amount of judgment: $53,733.64

2.53% interest from 4/18/02: $ 1,760.44

______________

SUBTOTAL: $ 55,494.08

3. OFFICE OF THE LIEUTENANT GOVERNOR:

Smith v. State of Hawaii, Campaign $ 63,042.58

Spending Commission, et al. Settlement

Civil No. 02-00068HG/BMK, USDC

_____________

SUBTOTAL: $ 63,042.58

4. DEPARTMENT OF PUBLIC SAFETY:

Aguinaldo v. Hoge, et al. $ 75,000.00

Civil No. 01-1-0681-02, First Circuit Settlement

desMarets v. State of Hawaii, et al. $ 175,000.00

Civil No. 97-3978-09, First Circuit Settlement

Serrao v. State of Hawaii $ 50,000.00

Civil No. 01-1-0471, Third Circuit Settlement

Morrison v. State of Hawaii, et al. $ 70,000.00

Civil No. 01-1-2248-07, First Circuit Settlement

_____________

SUBTOTAL: $ 370,000.00

8. MISCELLANEOUS CLAIMS:

Masaaki Soneda $ 1,849.00

_____________

SUBTOTAL: $ 1,849.00

TOTAL (SECTION 2): $ 567,885.66

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

PART II

SECTION 3. The following sums or so much thereof as may be necessary for fiscal year 2002-2003, 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 payments 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:

Allstate v. State of Hawaii, et al. $ 250,000.00

Civil No. 99-0648(3), Second Circuit Settlement

Hashimoto, et al. v. State of Hawaii, $ 250,000.00

Civil No. 01-1-0110-01, First Circuit Settlement

San Nicholas, et al. v. State of Hawaii, $ 350,000.00

Civil No. 01-1-0111-01, First Circuit Settlement

_____________

SUBTOTAL: $ 850,000.00

TOTAL (SECTION 3): $ 850,000.00

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

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 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:

L.T.M. Corp. dba Civil Mechanical v. $ 27,500.00

State of Hawaii, Civil No. 01-1-2159-07, Settlement

First Circuit

_____________

SUBTOTAL: $ 27,500.00

TOTAL (SECTION 4): $ 27,500.00

Provided that of the legislative appropriation for the department of accounting and general services for fiscal year 2002-2003 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by section 2 of Act 3, Third Special Session Laws of Hawaii 2001, as further amended by section 3 of Act 177, Session Laws of Hawaii 2002, the general fund sum of $27,500.00 from the ____________ program (AGS ____) shall be expended by the department of accounting and general services for the 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 health 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 HEALTH:

Aguinaldo v. State of Hawaii, et al. $ 20,000.00

Civil No. 00-1-0278(2), Second Circuit Settlement

_____________

SUBTOTAL: $ 20,000.00

TOTAL (SECTION 5): $ 20,000.00

Provided that of the legislative appropriation for the department of health for fiscal year 2002-2003 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by section 2 of Act 3, Third Special Session Laws of Hawaii 2001, as further amended by section 3 of Act 177, Session Laws of Hawaii 2002, the general fund sum of $20,000.00 from the developmental disabilities program (HTH 501) shall be expended by the department of health 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 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:

Maalaea Slip 69, Inc. dba Rascal Charters $ 4,133.25

v. Department of Land and Natural Resources, Judgment

Civil No. 01-1-0421(1)

_____________

SUBTOTAL: $ 4,133.25

TOTAL (SECTION 6): $ 4,133.25

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 section 2 of Act 3, Third Special Session Laws of Hawaii 2001, as further amended by section 3 of Act 177, Session Laws of Hawaii 2002, the general fund sum of $4,133.25 from the ____________program (LNR ___) shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 7. The sums hereinabove appropriated 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 8. 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 III

SECTION 9. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2004, shall lapse.

SECTION 10. 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 11. This Act shall take effect upon its approval.