REPORT TITLE:
Claims Against the State


DESCRIPTION:
Provides for the payment of claims against the State for refunds
of taxes, for judgements and settlements, and for other
miscellaneous payments.

 
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THE SENATE                              S.B. NO.           
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                       $     57,575.95
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 CARL Corporation v. State of Hawaii, et al.       $    654,409.29
26 PCH No. 96-4, Office of Administrative                   Judgment
27 Hearings 
28 
29 Domingo v. State of Hawaii, et al.                $     37,500.00
30 Civil No. 94-3753-10, First Circuit                    Settlement
31 

 
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 1 Downs v. State of Hawaii                          $     38,000.00
 2 Civil No. 98-69, Third Circuit                         Settlement
 3 
 4 Elliot v. Hawaii Housing Authority, et al.        $     12,195.41
 5 Civil No. 98-2886-06, First Circuit                      Judgment
 6      Amount of Judgment:          $11,660.41
 7      Interest at 4% from 6/10/99: $   535.00
 8 
 9 Freeman v. Espinda, et al.                        $     40,000.00
10 Civil No. 98-00244 DAE, USDC                           Settlement
11 
12 Larson v. Luczon, et al.                          $     20,000.00
13 Civil No. 97-0234-01, First Circuit                    Settlement
14 
15 Li v. State of Hawaii, et al.                     $     32,500.00
16 Civil No. 95-2307-06, First Circuit                    Settlement
17 
18 Lindholm v. State of Hawaii, et al.               $     20,000.00
19 Civil No. 98-141K, Third Circuit                       Settlement
20 
21 Manding v. State of Hawaii, et al.                $     40,000.00
22 Civil No. 98-01004HG, USDC                             Settlement
23 
24 Punohu v. State of Hawaii                         $     40,000.00
25 Civil No. 97-4289-10, First Circuit                    Settlement
26 
27 Slaton v. State of Hawaii, et al.                 $     20,000.00
28 Civil No. 96-1384-04, First Circuit                    Settlement
29 
30 Timm v. State of Hawaii, et al.                   $     25,000.00
31 Civil No. 97-0380, Fifth Circuit                       Settlement
32 
33 Tupuola v. Penarosa, et al.                       $    100,000.00
34 Civil No. 97-00647HG, USDC, and                        Settlement
35 Civil No. 97-2163-05, First Circuit
36 
37 Tuuefiafe v. State of Hawaii                      $     24,000.00
38 Civil No. 97-1834-05, First Circuit                    Settlement
39 
40 Wolfe v. State of Hawaii, et al.                  $     20,966.58
41 Civil No. 98-092K, Third Circuit                         Judgment
42      Amount of Judgment:          $20,000.00
43      Interest at 4% from 5/18/99:     966.58
44 
45 MISCELLANEOUS CLAIMS:

 
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 1 
 2 Mere Foster-Cabaret                               $        347.38
 3 
 4 Erlinda J. Quidilla                               $        417.28
 5 
 6 Anna C. Tienter                                   $        140.42
 7 
 8      SECTION 2.   The following sums of money are appropriated
 
 9 out of the State highway fund for the purpose of satisfying
 
10 claims for legislative relief as to the following named persons,
 
11 for claims against the State or its officers or employees for
 
12 payments of judgments or settlements, or other liabilities, in
 
13 the amount set forth opposite their names:
 
14 JUDGMENTS AGAINST THE STATE                            AMOUNT
15 AND SETTLEMENTS OF CLAIMS:
16 
17 Haraguchi v. State of Hawaii                      $     75,000.00
18 Civil No. 98-3166-07, First Circuit                    Settlement
19 
20 Taylor-Rice v. Leigh, et al.                      $  1,744,751.10
21 Civil No. 94-0173, Fifth Circuit                         Judgment
22      Amount of Judgment:          $1,592,213.10
23      Interest at 4% from 3/5/98:  $  152,538.00
24 
25      SECTION 3.     The sums hereinabove appropriated may be paid
 
26 to the respective persons, or for the satisfaction or settlement
 
27 of the respectively identified cases, and in the several amounts
 
28 hereinabove set forth or in lesser amounts deemed appropriate,
 
29 upon warrants or checks issued by the comptroller of the State:
 
30      (1)  Upon vouchers approved by the director of taxation as
 
31           to claims for refunds of taxes; and
 
32      (2)  Upon vouchers approved by the attorney general as to
 

 
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 1           all other claims.
 
 2      SECTION 4.  Notwithstanding the sums hereinabove
 
 3 appropriated as interest upon judgments against the State,
 
 4 payment of interest shall be limited to the period from the date
 
 5 of judgment, if applicable, to thirty days after the effective
 
 6 date of this Act, as provided in section 662-8, Hawaii Revised
 
 7 Statutes, for those cases to which that statute applies.
 
 8      SECTION 5.  All unexpended and unencumbered balances of the
 
 9 appropriations made by section 1 of this Act as of the close of
 
10 business on June 30, 2001, shall lapse into the general fund of
 
11 the State.
 
12      SECTION 6.  If any provision of this Act, or the application
 
13 thereof to any person or entity or circumstance is held invalid,
 
14 the invalidity does not affect other provisions or applications
 
15 of the Act which can be given effect without the invalid
 
16 provision or application, and to this end the provisions of this
 
17 Act are severable.
 
18      SECTION 7.  This Act shall take effect upon its approval.
 
19 
 
20                       INTRODUCED BY:  ___________________________
 

 
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