REPORT TITLE:
State Claims Appropriations


DESCRIPTION:
Appropriates funds for settlements and judgments of claims
against the State.  (HB2410 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2410
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE RELIEF OF CERTAIN PERSONS' CLAIMS AGAINST THE
   STATE AND PROVIDING APPROPRIATIONS THEREFOR.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The following sums of money are appropriated out
 
 2 of the general revenues of the State of Hawaii for the purpose of
 
 3 satisfying claims for legislative relief as to the following
 
 4 named persons, firms, corporations, and entities, for claims
 
 5 against the State or its officers or employees for overpayment of
 
 6 taxes, or for refunds, reimbursements, payments of judgments or
 
 7 settlements, or other liabilities, in the amount set forth
 
 8 opposite their names:
 
 9 JUDGMENTS AGAINST THE STATE                            AMOUNT
10 AND SETTLEMENTS OF CLAIMS:
11 
12 Alalem v. State of Hawaii                         $     22,000.00
13 Civil No. 98-00411HG/EK, USDC                          Settlement
14 
15 Allen v. Iranon, et al.                           $    115,560.00
16      Civil No. 97-00175ACK-FIY, USDC                     Judgment
17      Amount of Judgment:          $111,000.00
18      Interest at 4% from 7/22/99: $  4,560.00
19 
20 Bartlett v. State of Hawaii                       $    57,787.95
21 Civil No. 97-01608 ACK, USDC                           Settlement
22      Amount of Settlement:        $ 55,489.33
23      Interest at 4% from 7/20/99: $  2,298.62 
24 
25 Brandon v. State of Hawaii                        $    25,000.00
26 Civil No. 96-0865-03, First Circuit                   settlement
27 
28 CARL Corporation v. State of Hawaii, et al.       $    654,409.29
29 PCH No. 96-4, Office of Administrative                   Judgment
30 Hearings 
31 

 
Page 2                                                     2410
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Domingo v. State of Hawaii, et al.                $     37,500.00
 2 Civil No. 94-3753-10, First Circuit                    Settlement
 3 
 4 Downs v. State of Hawaii                          $     38,000.00
 5 Civil No. 98-69, Third Circuit                         Settlement
 6 
 7 Elliot v. Hawaii Housing Authority, et al.        $     12,195.41
 8 Civil No. 98-2886-06, First Circuit                      Judgment
 9      Amount of Judgment:          $11,660.41
10      Interest at 4% from 6/10/99: $   535.00
11 
12 Freeman v. Espinda, et al.                        $     40,000.00
13 Civil No. 98-00244 DAE, USDC                           Settlement
14 
15 Larson v. Luczon, et al.                          $     20,000.00
16 Civil No. 97-0234-01, First Circuit                    Settlement
17 
18 Li v. State of Hawaii, et al.                     $     32,500.00
19 Civil No. 95-2307-06, First Circuit                    Settlement
20 
21 Lindholm v. State of Hawaii, et al.               $     20,000.00
22 Civil No. 98-141K, Third Circuit                       Settlement
23 
24 Manding v. State of Hawaii, et al.                $     40,000.00
25 Civil No. 98-01004HG, USDC                             Settlement
26 
27 G. W. Murphy Construction Co./State Capitol       $    300,000.00
28 Renovation Project                                     Settlement
29 
30 Naeole v. D'Enbeau, et al.                        $     64,055.77
31 Civil No. 97-0096(1), Second Circuit                     Judgment
32      Amount of Judgment:          $62,155.77
33      Interest at 4% from          $ 1,900.00
34      10/29/99
35 
36 Punohu v. State of Hawaii                         $     40,000.00
37 Civil No. 97-4289-10, First Circuit                    Settlement
38 
39 Reyes v. Kaneshiro, et al.                        $     47,500.00
40 Civil No. 98-00367 SOM-FIY, USDC                       Settlement
41 
42 Slaton v. State of Hawaii, et al.                 $     20,000.00
43 Civil No. 96-1384-04, First Circuit                    Settlement
44 
45 Timm v. State of Hawaii, et al.                   $     25,000.00
46 Civil No. 97-0380, Fifth Circuit                       Settlement
47 

 
Page 3                                                     2410
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Tupuola v. Penarosa, et al.                       $    100,000.00
 2 Civil No. 97-00647HG, USDC, and                        Settlement
 3 Civil No. 97-2163-05, First Circuit
 4 
 5 Tuuefiafe v. State of Hawaii                      $     24,000.00
 6 Civil No. 97-1834-05, First Circuit                    Settlement
 7 
 8 Wolfe v. State of Hawaii, et al.                  $     20,966.58
 9 Civil No. 98-092K, Third Circuit                         Judgment
10      Amount of Judgment:          $20,000.00
11      Interest at 4% from 5/18/99: $   966.58
12 
13 MISCELLANEOUS CLAIMS:
14 
15 Mere Foster-Cabaret                               $        347.38
16 
17 Mae Nagaue                                        $        426.97
18 
19 Erlinda J. Quidilla                               $        417.28
20 
21 Anna C. Tienter                                   $        140.42
22 
23      SECTION 2.  The following sums of money are appropriated out
 
24 of the state highway fund for the purpose of satisfying claims
 
25 for legislative relief as to the following named persons, for
 
26 claims against the State or its officers or employees for
 
27 payments of judgments or settlements, or other liabilities, in
 
28 the amount set forth opposite their names:
 
29 JUDGMENTS AGAINST THE STATE                            AMOUNT
30 AND SETTLEMENTS OF CLAIMS:
31 
32 Haraguchi v. State of Hawaii                      $     75,000.00
33 Civil No. 98-3166-07, First Circuit                    Settlement
34 
35 Taylor-Rice v. Leigh, et al.                      $    658,635.20
36 Civil No. 94-0173, Fifth Circuit                         Judgment
37      Amount of Judgment:          $1,592,213.10
38      Interest at 4% from 3/5/98:  $   66,422.10
39 

 
 
Page 4                                                     2410
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 3.  The sums hereinabove appropriated may be paid to
 
 2 the respective persons, or for the satisfaction or settlement of
 
 3 the respectively identified cases, and in the several amounts
 
 4 hereinabove set forth or in lesser amounts deemed appropriate,
 
 5 upon warrants or checks issued by the comptroller of the State:
 
 6      (1)  Upon vouchers approved by the director of taxation as
 
 7           to claims for refunds of taxes; and
 
 8      (2)  Upon vouchers approved by the attorney general as to
 
 9           all other claims.
 
10      SECTION 4.  Notwithstanding the sums hereinabove
 
11 appropriated as interest upon judgments against the State,
 
12 payment of interest shall be limited to the period from the date
 
13 of judgment, if applicable, to thirty days after the effective
 
14 date of this Act, as provided in section 662-8, Hawaii Revised
 
15 Statutes, for those cases to which that statute applies.
 
16      SECTION 5.  All unexpended and unencumbered balances of the
 
17 appropriations made by section 1 of this Act as of the close of
 
18 business on June 30, 2001, shall lapse into the general fund of
 
19 the State.
 
20      SECTION 6.  If any provision of this Act, or the application
 
21 thereof to any person or entity or circumstance is held invalid,
 
22 the invalidity does not affect other provisions or applications
 

 
 
 
Page 5                                                     2410
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 of the Act which can be given effect without the invalid
 
 2 provision or application, and to this end the provisions of this
 
 3 Act are severable.
 
 4      SECTION 7.  This Act shall take effect upon its approval.