REPORT TITLE:
Claims Against the State


DESCRIPTION:
Provides for the payment of claims against the State for
judgments, settlements, and other miscellaneous payments.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2751
THE SENATE                              S.B. NO.           S.D. 2
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

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

 
 
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 1 Timm v. State of Hawaii, et al.                   $     25,000.00
 2 Civil No. 97-0380, Fifth Circuit                       Settlement
 3 
 4 Tupuola v. Penarosa, et al.                       $    100,000.00
 5 Civil No. 97-00647HG, USDC, and                        Settlement
 6 Civil No. 97-2163-05, First Circuit
 7 
 8 Tuuefiafe v. State of Hawaii                      $     24,000.00
 9 Civil No. 97-1834-05, First Circuit                    Settlement
10 
11 Wolfe v. State of Hawaii, et al.                  $     20,966.58
12 Civil No. 98-092K, Third Circuit                         Judgment
13     Amount of Judgment:           $20,000.00
14     Interest at 4% from 5/18/99:      966.58
15 
16 MISCELLANEOUS CLAIMS:
17 
18 Mere Foster-Cabaret                               $        347.38
19 
20 May Nagaue                                        $        426.97
21 
22 Erlinda J. Quidilla                               $        417.28
23 
24 Anna C. Tienter                                   $        140.42
25 
26      SECTION 2.   The following sums of money are appropriated
 
27 out of the State highway fund for the purpose of satisfying
 
28 claims for legislative relief as to the following named persons,
 
29 for claims against the State or its officers or employees for
 
30 payments of judgments or settlements, or other liabilities, in
 
31 the amount set forth opposite their names:
 
32 JUDGMENTS AGAINST THE STATE                            AMOUNT
33 AND SETTLEMENTS OF CLAIMS:
34 
35 Haraguchi v. State of Hawaii                      $     75,000.00
36 Civil No. 98-3166-07, First Circuit                    Settlement
37 
38 Taylor-Rice v. Leigh, et al.                      $  1,658,635.20
39 Civil No. 94-0173, Fifth Circuit                         Judgment

 
 
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 1      Amount of Judgment:          $1,592,213.10
 2      Interest at 4% from 3/5/98:  $   66,422.10
 3 
 4      SECTION 3.  The sums hereinabove appropriated may be paid to
 
 5 the respective persons, or for the satisfaction or settlement of
 
 6 the respectively identified cases, and in the several amounts
 
 7 hereinabove set forth or in lesser amounts deemed appropriate,
 
 8 upon warrants or checks issued by the comptroller of the State:
 
 9      (1)  Upon vouchers approved by the director of taxation as
 
10           to claims for refunds of taxes; and
 
11      (2)  Upon vouchers approved by the attorney general as to
 
12           all other claims.
 
13      SECTION 4.  Notwithstanding the sums hereinabove
 
14 appropriated as interest upon judgments against the State,
 
15 payment of interest shall be limited to the period from the date
 
16 of judgment, if applicable, to thirty days after the effective
 
17 date of this Act, as provided in section 662-8, Hawaii Revised
 
18 Statutes, for those cases to which that statute applies.
 
19      SECTION 5.  All unexpended and unencumbered balances of the
 
20 appropriations made by section 1 of this Act as of the close of
 
21 business on June 30, 2001, shall lapse into the general fund of
 
22 the State.
 
23      SECTION 6.  If any provision of this Act, or the application
 
24 thereof to any person or entity or circumstance is held invalid,
 

 
 
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 1 the invalidity does not affect other provisions or applications
 
 2 of the Act which can be given effect without the invalid
 
 3 provision or application, and to this end the provisions of this
 
 4 Act are severable.
 
 5      SECTION 7.  This Act shall take effect upon its approval.