Report Title:

Claims Against the State; Appropriations

Description:

Appropriates funds for the payment of claims against the State for: refunds of taxes; judgments and settlements; and other miscellaneous payments. (SB2834 HD2)

THE SENATE

S.B. NO.

2834

TWENTY-SECOND LEGISLATURE, 2004

S.D.2

STATE OF HAWAII

H.D. 2


 

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. The following sums or so much thereof as may be necessary for fiscal year 2003-2004 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 AGRICULTURE:

Martin, et al. v. State of Hawaii, et al. $ 1,175,000.00

Civil No. 01-1-3159-07, First Circuit Settlement

______________

SUBTOTAL: $ 1,175,000.00

2. DEPARTMENT OF EDUCATION:

Amaral, et al. v. State of Hawaii, et al. $ 55,000.00

Civil No. 99-0583(1), Second Circuit Settlement

Figaroa v. State of Hawaii $ 40,000.00

Civil No. 00-01-0146, Fifth Circuit Settlement

Gay v. Department of Education $ 10,000.00

Civil No. 02-00454DAE-KSC, USDC Settlement

Lani v. Department of Education, et al. $ 16,421.66

Civil No. 02-1-0128, Fifth Circuit Judgment

Amount of Judgment: $15,876.09

4% interest from 7/28/03: $ 545.57

Mother Doe No. I, et al. v. State of Hawaii, $ 15,000.00

et al., Civil No. 01-1-0930-03, First Settlement

Circuit

Ms. Doe Parent, et al. v. State of Hawaii, $ 65,000.00

et al., Civil No. 01-1-1101-04, First Settlement

Circuit

Rahsaan v. State of Hawaii, et al. $ 84,463.12

Civil No. 00-00795 HG/LEK,USDC Judgment

Torelli, et al. v. Department of $ 19,000.00

Education, et al. Settlement

Civil No. 02-1-0082, Fifth Circuit

______________

SUBTOTAL: $ 304,884.78

3. DEPARTMENT OF HEALTH:

Kelly, et al. v. 1250 Oceanside, et al. $ 60,000.00

Civil No. 00-1-0192K, Third Circuit Settlement

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

Civil No. 03-1-0357-02, First Circuit Settlement

_____________

SUBTOTAL $ 90,000.00

4. DEPARTMENT OF HUMAN SERVICES:

In the Interest of Jane Doe,

Born on July 13, 1998 $ 54,334.89

Supreme Court No. 24913 Judgment

Amount of Judgment: $51,559.68

10% interest from

1/15/04-7/31/04: $ 2,775.21

Mariveles, et al. v. Helm, et al. $ 67,500.00

Civil No. 01-1-0549(3), Second Circuit Settlement

Puuwai Momi Tenants Association, $ 11,000.00

et al. v. Miyashiro Settlement

Civil No. 02-00323ACK/BMK, USDC

Dolfo, et al. v. Koller, et al. $20,966.79

Civil No. 02-1-2192-09, First Circuit Settlement

______________

SUBTOTAL: $ 153,801.68

5. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:

Vinson v. Thomas $ 117,500.00

Civil No. 97-00091HG, USDC Settlement

______________

SUBTOTAL: $ 117,500.00

6. DEPARTMENT OF LAND AND NATURAL RESOURCES:

Claim of Finance Factors $ 82,500.00

Settlement

In Re: Sacred Falls Cases $ 2,000,000.00

Settlement

______________

SUBTOTAL: $ 2,082,500.00

7. DEPARTMENT OF PUBLIC SAFETY:

Campos v. State of Hawaii $ 40,000.00

Civil No. 02-1-0289(1), Second Circuit Settlement

Davenport v. State of Hawaii, et al. $ 55,000.00

Civil No. 01-1-0030, Second Circuit Settlement

Henderson v. State of Hawaii, et al. $ 200,000.00

Civil Nos. 00-1-0216 and 02-1-0407, Settlement

Third Circuit

Karish v. State of Hawaii, et al. $ 42,500.00

Civil No. 02-1-1163-05, First Circuit Settlement

Lewis v. State of Hawaii $ 175,000.00

Civil No. 01-1-1371-05, First Circuit Settlement

Mattos, et al. v. State of Hawaii, et al. $ 245,000.00

Civil No. 00-387(SOM/LEK), USDC Settlement

Tapaoan, et al. v. State of Hawaii $ 1,200,000.00

Civil No. 01-000815, USDC Settlement

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

Civil No. 02-1-0187, Third Circuit Settlement

______________

SUBTOTAL: $ 1,977,500.00

8. OFFICE OF THE LIEUTENANT GOVERNOR

Smith v. State of Hawaii,

Campaign Spending Commission, et al. $142,943.46

Civil No. 02-00068HG/BMK, USDC Judgment

Amount of Judgment: $142,136.20

1.23% interest from

2/28/04 to 8/15/04: $807.26

______________

SUBTOTAL: $142,943.46

9. MISCELLANEOUS CLAIMS:

Rose K. J. Miller $ 1,002.50

Robert T. Miyabuchi $ 395.72

Charles Ramos $ 425.10

Eugene Seu $ 27.00

Robert and Kai Shun Warner $ 800.00

______________

SUBTOTAL: $ 2,650.32

TOTAL (SECTION 1): $ 6,046,780.24

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

PART II

SECTION 2. The following sums or so much thereof as may be necessary for fiscal year 2003-2004 are appropriated out of the harbor special 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, HARBORS DIVISION:

Lowe v. Young Brothers, Ltd., et al. $ 25,000.00

Civil No. 00-1-0131(2), Second Circuit Settlement

Solliday v. State of Hawaii, et al. $ 45,000.00

Civil No. 02-00680 DAE-BMK, USDC Settlement

_____________

SUBTOTAL: $ 70,000.00

TOTAL (SECTION 2): $ 70,000.00

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

SECTION 3. The following sums or so much thereof as may be necessary for fiscal year 2003-2004 are appropriated out of the highway special 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:

Chan v. Island Movers, Inc., et al. $ 25,000.00

Civil No. 02-1-1512-06, First Circuit Settlement

Kia v. Nieto, et al. $ 50,000.00

Civil No. 01-1-1811-06, First Circuit Settlement

Morita v. County of Hawaii, et al. $ 684,416.12

Civil Nos. 99-101 and 00-1-123, Settlement

Third Circuit

Ducosin v. State of Hawaii, et al. $540,000.00

Civil No. 99-0735(3), Second Circuit Settlement

______________

SUBTOTAL: $ 1,299,416.12

TOTAL (SECTION 3): $ 1,299,416.12

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 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:

Gay v. Department of Education $ 10,000.00

Civil No. 02-00454

DAE-KSC, USDC Settlement

_____________

SUBTOTAL: $ 10,000.00

TOTAL (SECTION 4): $ 10,000.00

Provided that of the legislative appropriation for the department of education for fiscal year 2004-2005 in section 3 of Act 200, Session Laws of Hawaii 2003, as amended by ___.B. No. _____ (the Supplemental Appropriations Act of 2004), the general fund sum of $10,000.00 shall be expended from the School Based Budget (EDN 100) by the department of education 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 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:

Young, et al. v. Coloma-Agaran, et al. $ 251,849.75

Civil No. 00-00774HG-BMK, USDC and Judgment

No. 02-15202, Ninth Circuit Court of Appeals

Provided that of the legislative appropriation for the department of land and natural resources, boating special fund, for fiscal year 2004-2005 in section 3 of Act 200, Session Laws of Hawaii 2003, as amended by __.B. No. __ (the Supplemental Appropriations Act of 2004), the sum of $251,849.75 shall be expended from the Boating Special Fund (LNR 801) 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 persons for claims against the State or the department of business, economic development, and tourism/Hawaii tourism authority 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 BUSINESS, ECONOMIC DEVELOPMENT,

AND TOURISM:

Hawaii Tourism Authority v. Pacific $ 20,000.00

Motivation Advisors, Inc., et al. Settlement

Civil No. 03-00014DAE/LEK, USDC

______________

SUBTOTAL: $ 20,000.00

TOTAL (SECTION 6): $ 20,000.00

Provided that of the legislative appropriation for the department of business, economic development, and tourism for fiscal year 2003-2004 in section 3 of Act 200, Session Laws of Hawaii 2003, as amended by ___.B. No. _____ (the Supplemental Appropriations Act of 2004), the sum of $20,000.00 shall be expended from the Tourism Special Fund (BED 113TO) by the Hawaii tourism authority for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $4,500,000 or so much thereof as may be necessary for fiscal year 2004-2005 to the State, Hawaii health systems corporation, and the judiciary for the purposes of:

(1) Satisfying the terms of settlement agreements between the State, Hawaii health systems corporation, the judiciary, and the United Public Workers, AFSCME, Local 646, AFL-CIO ("UPW") to pay employees who are members of collective bargaining units 1 and 10 amounts owed for a proposed deferred compensation plan sponsored by UPW that was never implemented (the amounts owed to these employees are authorized and provided in prior collective bargaining agreements between the State, Hawaii health systems corporation, the judiciary, and UPW); and

(2) Providing adjustments of a comparable nature to excluded employees under chapter 89C, Hawaii Revised Statutes, if applicable.

Funds appropriated under this section shall be subject to:

(1) The execution of settlement agreements between the State, Hawaii health systems corporation, the judiciary, and UPW for employees who are members of collective bargaining units 1 and 10; and

(2) A determination of the applicability of adjustments of a comparable nature under chapter 89C, Hawaii Revised Statutes, to excluded employees.

Funds appropriated under this section shall be allocated and expended by the State, Hawaii health systems corporation, and the judiciary for the purposes of and in accordance with this section, including but not limited to the terms and conditions of the applicable settlement agreements.

The state departments, Hawaii health systems corporation, and the judiciary employing members of collective bargaining units 1 and 10 and employees subject to chapter 89C, Hawaii Revised Statutes, as applicable, that are funded by non-general funds shall reimburse the general fund for the respective amounts payable under this section.

SECTION 8. 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 that departments must obtain the approval of the attorney general before payment of any claim can be made.

SECTION 9. 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 Act, 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 in this Act as of the close of business on June 30, 2005, shall lapse.

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 section 4 of this Act shall take effect on July 1, 2010.