REPORT TITLE:
Claims Against the State


DESCRIPTION:
Provides for the payment of claims against the State for
judgments, settlements, and other miscellaneous payments.
(SB2751 SD1)

 
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                                                        2751
THE SENATE                              S.B. NO.           S.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 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

 
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 1 
 2 Downs v. State of Hawaii                          $     38,000.00
 3 Civil No. 98-69, Third Circuit                         Settlement
 4 
 5 Elliot v. Hawaii Housing Authority, et al.        $     12,195.41
 6 Civil No. 98-2886-06, First Circuit                      Judgment
 7      Amount of Judgment:          $11,660.41
 8      Interest at 4% from 6/10/99: $   535.00
 9 
10 Freeman v. Espinda, et al.                        $     40,000.00
11 Civil No. 98-00244 DAE, USDC                           Settlement
12 
13 Larson v. Luczon, et al.                          $     20,000.00
14 Civil No. 97-0234-01, First Circuit                    Settlement
15 
16 Li v. State of Hawaii, et al.                     $     32,500.00
17 Civil No. 95-2307-06, First Circuit                    Settlement
18 
19 Lindholm v. State of Hawaii, et al.               $     20,000.00
20 Civil No. 98-141K, Third Circuit                       Settlement
21 
22 Manding v. State of Hawaii, et al.                $     40,000.00
23 Civil No. 98-01004HG, USDC                             Settlement
24 
25 Murphy Construction Co. v. State of Hawaii        $    300,000.00
26 Civil No.                                              Settlement
27 
28 Naeole v. D'Enbeau, et al.                        $     64,055.77
29 Civil No. 97-0096(1), Second Circuit                     Judgment
30     Amount of judgment:           $62,155.77
31     Interest at 4% from 10/29/99: $ 1,900.00
32 
33 Punohu v. State of Hawaii                         $     40,000.00
34 Civil No. 97-4289-10, First Circuit                    Settlement
35 
36 Reyes v. Kaneshiro, et al.                        $     47,500.00
37 Civil No. 98-00367 SOM-FIY, USDC                       Settlement
38 
39 Slaton v. State of Hawaii, et al.                 $     20,000.00
40 Civil No. 96-1384-04, First Circuit                    Settlement
41 
42 Timm v. State of Hawaii, et al.                   $     25,000.00
43 Civil No. 97-0380, Fifth Circuit                       Settlement
44 
45 Tupuola v. Penarosa, et al.                       $    100,000.00
46 Civil No. 97-00647HG, USDC, and                        Settlement

 
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 1 Civil No. 97-2163-05, First Circuit
 2 
 3 Tuuefiafe v. State of Hawaii                      $     24,000.00
 4 Civil No. 97-1834-05, First Circuit                    Settlement
 5 
 6 Wolfe v. State of Hawaii, et al.                  $     20,966.58
 7 Civil No. 98-092K, Third Circuit                         Judgment
 8     Amount of Judgment:           $20,000.00
 9     Interest at 4% from 5/18/99:      966.58
10 
11 MISCELLANEOUS CLAIMS:
12 
13 Mere Foster-Cabaret                               $        347.38
14 
15 May Nagaue                                        $        426.97
16 
17 Erlinda J. Quidilla                               $        417.28
18 
19 Anna C. Tienter                                   $        140.42
20 
21      SECTION 2.   The following sums of money are appropriated
 
22 out of the State highway fund for the purpose of satisfying
 
23 claims for legislative relief as to the following named persons,
 
24 for claims against the State or its officers or employees for
 
25 payments of judgments or settlements, or other liabilities, in
 
26 the amount set forth opposite their names:
 
27 JUDGMENTS AGAINST THE STATE                            AMOUNT
28 AND SETTLEMENTS OF CLAIMS:
29 
30 Haraguchi v. State of Hawaii                      $     75,000.00
31 Civil No. 98-3166-07, First Circuit                    Settlement
32 
33 Taylor-Rice v. Leigh, et al.                      $  1,744,751.10
34 Civil No. 94-0173, Fifth Circuit                         Judgment
35      Amount of Judgment:          $1,592,213.10
36      Interest at 4% from 3/5/98:  $  152,538.00
37 
38      SECTION 3.     The sums hereinabove appropriated may be paid
 

 
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 1 to the respective persons, or for the satisfaction or settlement
 
 2 of the respectively identified cases, and in the several amounts
 
 3 hereinabove set forth or in lesser amounts deemed appropriate,
 
 4 upon warrants or checks issued by the comptroller of the State:
 
 5      (1)  Upon vouchers approved by the director of taxation as
 
 6           to claims for refunds of taxes; and
 
 7      (2)  Upon vouchers approved by the attorney general as to
 
 8           all other claims.
 
 9      SECTION 4.  Notwithstanding the sums hereinabove
 
10 appropriated as interest upon judgments against the State,
 
11 payment of interest shall be limited to the period from the date
 
12 of judgment, if applicable, to thirty days after the effective
 
13 date of this Act, as provided in section 662-8, Hawaii Revised
 
14 Statutes, for those cases to which that statute applies.
 
15      SECTION 5.  All unexpended and unencumbered balances of the
 
16 appropriations made by section 1 of this Act as of the close of
 
17 business on June 30, 2001, shall lapse into the general fund of
 
18 the State.
 
19      SECTION 6.  If any provision of this Act, or the application
 
20 thereof to any person or entity or circumstance is held invalid,
 
21 the invalidity does not affect other provisions or applications
 
22 of the Act which can be given effect without the invalid
 
23 provision or application, and to this end the provisions of this
 

 
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 1 Act are severable.
 
 2      SECTION 7.  This Act shall take effect upon its approval.
 

 
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