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. (SD2)

THE SENATE

S.B. NO.

2834

TWENTY-SECOND LEGISLATURE, 2004

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. 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. 01-1-3159-10, 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

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

Education, et al. Settlement

Civil No. 02-1-0082, Fifth Circuit

______________

SUBTOTAL: $ 220,421.66

3. DEPARTMENT OF HUMAN SERVICES:

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

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

______________

SUBTOTAL: $ 67,500.00

4. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:

Vinson v. Thomas $ 117,500.00

Civil No. 97-00091HG, USDC Settlement

______________

SUBTOTAL: $ 117,500.00

5. DEPARTMENT OF LAND AND NATURAL RESOURCES:

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

Settlement

______________

SUBTOTAL: $ 2,000,000.00

6. 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. 01-000825, USDC Settlement

______________

SUBTOTAL: $ 1,957,500.00

7. 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): $ 5,540,571.98

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

______________

SUBTOTAL: $ 759,416.12

TOTAL (SECTION 3): $ 759,416.12

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 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 5): $ 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 6. 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 7. 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 8. 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 9. 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 10. This Act shall take effect upon its approval; provided that section 4 of this Act shall take effect on July 1, 2004.