Provides funds for the payment of claims against the State for refunds of taxes, for judgments and settlements, and for other miscellaneous payments as provided by chapters 37, 661 and 662, HRS. (HB513 CD1)

A BILL FOR AN ACT

SECTION 1. The following sums of money are appropriated out of the general revenues of the State of Hawaii 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 overpayment of taxes, or for refunds, reimbursements, payments of judgments or settlements, or other liabilities, in the amount set forth opposite their names:

JUDGMENTS AGAINST THE STATE AMOUNT

AND SETTLEMENTS OF CLAIMS:

1. DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:

Action Construction, Inc. v. State of $ 90,000.00

Hawaii, et al., Civil No. 98-2564-06, Settlement

First Circuit

Aloha Flea Market Litigation $ 295,000.00

Civil No. 99-00529SOM/FIY, USDC Settlement

Civil No. 99-1308-03, First Circuit

Civil No. 99-3107-08DDD, First Circuit

Walter Y. Arakaki, General Contractor, $ 55,000.00

Inc. v. Raymond H. Sato, Comptroller, Settlement

Civil No. 98-5296-12, First Circuit

Gassner v. State of Hawaii $ 260,000.00

______________

SUBTOTAL: $ 700,000.00

2. DEPARTMENT OF BUDGET AND FINANCE:

Ltd. v. Board of Trustees, et al., Settlement

Civil No. 99-0400-01, First Circuit

______________

SUBTOTAL: $ 22,668.44

3. DEPARTMENT OF BUSINESS, ECONOMIC

DEVELOPMENT AND TOURISM:

Heanu v. State of Hawaii $ 51,331.59

Civil No. 9-00167HG, USDC Settlement/

Amount of Settlement: $ 10,000.00 Judgment

Amount of Judgment: $ 40,458.59

6.241% interest from 12/27/00: $ 873.00

Nishida v. State of Hawaii $ 12,170.80

Civil No. 98-OO145DAE, USDC Judgment

Amount of Judgment: $ 11,737.80

6.241% interest from 12/29/00: $ 433.00

Rowan v. State of Hawaii $ 18,398.25

Civil No. 98-00144ACK, USDC Judgment

Amount of Judgment: $ 17,573.25

6.241% interest from 10/31/00: $ 825.00

Quiocho v. State of Hawaii $ 15,798.74

Civil No. 99-2504-06, First Circuit Settlement

______________

SUBTOTAL: $ 97,699.38

4. DEPARTMENT OF EDUCATION:

Caires v. Foodland Supermarkets, et al. $ 18,500.00

Civil No. 99-3326-09, First Circuit Settlement

Carvalho v. Downey, et al. $ 35,000.00

Civil No. 98-00844, USDC Settlement

Doe Parent v. Heu, et al. $ 15,000.00

Civil No. 00-00740HG, USDC Settlement

Ferrera v. Azama, et al. $ 539,964.58

Civil No. 99-0816-02, First Circuit Judgment

Amount of judgment: $ 515,891.05

4% interest from 6/13/00: $ 24,073.53

Francisco v. State of Hawaii $ 800,000.00

Civil No. 98-0230, Fifth Circuit Settlement

James P., et al. v. LeMahieu $ 15,383.66

Civil No. 99-00861DAE, USDC Judgment

Amount of judgment: $ 14,632.66

6.241% interest from 10/11/00: $ 751.00

Luu V. Cook, et al. $ 17,500.00

Civil No. 98-0018-01, First Circuit Settlement

Rohan v. State of Hawaii, et al. $ 30,000.00

Civil No. 00-1-0044(K), Third Circuit Settlement

Trinies v. State of Hawaii $ 15,000.00

Civil No. 99-407-11DDD, First Circuit Settlement

______________

SUBTOTAL: $ 1,486,348.24

5. DEPARTMENT OF HEALTH:

Department of Justice Under the False $280,226.52

Claims Act for Medicare Overpayment by the Settlement

Emergency Medical Services Systems Branch of

Department of Health

Jones v. State of Hawaii $ 12,500.00

Civil No. 99-00701SOM, USDC Settlement

Slavik v. State of Hawaii $ 1,536,643.62

Civil No. 96-242K, Third Circuit Judgment

Amount of Judgment: $ 1,500,000.00

4% interest from 2/6/01: $ 28,931.00

Costs: $ 7,712.62

______________

SUBTOTAL: $ 1,829,370.14

6. DEPARTMENT OF HUMAN SERVICES:

Akana v. Chandler, et al. $ 6,100.00

Civil No. 97-00544BMK, USDC Settlement

Chang v. Chandler, et al. $ 8,000.00

Civil No. 97-0111 OBMK, USDC Settlement

Chong v. Chandler, et al. $ 1,000.00

Civil No. 97-O1113BMK, USDC Settlement

Esera v. Chandler, et al. $ 1,016.00

Civil No. 97-0539BMK, USDC Settlement

Fujioka v. State of Hawaii $ 205,000.00

Civil No. 97-5232-12, First Circuit Settlement

Gonsalves v. Chandler, et al. $ 11,772.63

Civil No. 97-00498BMK, USDC Judgment

Amount of Judgment: $ 11,178.63

6.052% interest from 9/14/00 $ 594.00

Hoelscher v. Chandler, et al. $ 17,663.64

Civil No. 97-00504BMK, USDC Judgment

Amount of Judgment: $16,741.64

6.052% interest from 9/14/00 $ 892.00

Kamahele v. Chandler, et al. $ 2,800.00

Civil No. 97-01 128BMK, USDC Settlement

Makin v. State of Hawaii, et al. $ 108,500.00

Civil No. 98-00997DAE, USDC Settlement

Muller v. Chandler, et al. $ 2,500.00

Civil No. 97-01 14OBMK, USDC Settlement

Naeole v. D'Enbeau, et al. $ 30,118.21

Civil No. 97-0096(1), Second Circuit Judgment

Naeole v. State of Hawaii, et al. $ 75,000.00

Civil No. 97-0096(1), Second Circuit Settlement

Ota v. Chandler, et al $ 2,000.00

Civil No. 97-02245BMK, USDC Settlement

Bramble v. Chandler, et al. $ 35,000.00

Civil No. 97-00561BMK, USDC Settlement

Ranit v. Chandler, et al. $ 8,641.00

Civil No. 97-01438BMK, USDC Settlement

Teruya v. Auhll $ 4,649.00

Civil No. 94-4034-10, First Circuit Settlement

Amount of Settlement: $ 4,519.00

4% interest from 11/14/00: $ 130.00

Yee v. Chandler, et al. $ 1,000.00

Civil No. 97-01156BMK, USDC Settlement

Yuen v. State of Hawaii $ 13,614.54

S.P. No. 00-1-0004(RWP), First Circuit Settlement

Amount of Settlement: $ 13,290.42

4% interest from 12/22/00

to 7/31/01: $ 324.12

______________

SUBTOTAL: $ 534,375.02

7. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:

Tseu v. Jeyte $ 30,000.00

Civil No. 94-1553, First Circuit Settlement

Vinson v. Thomas, et al. $ 48,452.42

Civil No. 97-00091HG, USDC Settlement

SUBTOTAL: ______________

$ 78,452.42

8. DEPARTMENT OF LAND AND NATURAL RESOURCES:

Fielder v. Gehring, et al. $ 265,000.00

Civil No. 99-00350SOM/BMK, USDC Settlement

McShane v. State of Hawaii $ 25,000.00

Civil No. 97-2523-06, First Circuit Settlement

Napeahi v. Wilson $ 332,652.69

Civil No. 85-01523DAE, USDC Judgment

Amount of judgment: $314,762.69

6.18% interest from 8/30/00: $ 17,890.00

Perreira v. State of Hawaii, et al. $ 30,000.00

Civil No. 98-871, Third Circuit Settlement

Pfeiffer, et al. v. State of Hawaii, et al. $ 75,000.00

Civil No. 99-0321-01, First Circuit Settlement

______________

SUBTOTAL: $ 727,652.69

9. DEPARTMENT OF PUBLIC SAFETY:

desMarets, In the Matter of desMarets $ 89,857.14

and Waihee, et al. Judgment

CE-13-181, HLRB

Amount of Judgment: $ 84,297.14

4% interest from 12/9/99: $ 5,560.00

Dilay v. State of Hawaii $ 15,000.00

Civil No. 99-0053-01, First Circuit Settlement

Drane v. Halawa Correctional Facility, $ 30,000.00

et al., Civil No. 98-2093-05, Settlement

First Circuit

Freeman v. Espinda, et al. $ 126,215.47

Civil No. 98-00244 DAE, USDC Settlement

Amount of settlement: $122,607.47

Interest: $ 3,608.00

Kamai v. State of Hawaii, et al. $ 175,000.00

Civil No. 99-0841-02, First Circuit Settlement

McGuire v. State of Hawaii $ 40,000.00

Civil No. 99-3319-09EEH, First Circuit Settlement

Nix v. State of Hawaii $ 30,000.00

Civil No. 99-1006-03, First Circuit Settlement

Revera v. State of Hawaii, et al. $ 250,000.00

Civil No. 00-1-1289-04, First Circuit Settlement

Taylor v. State of Hawaii $ 90,000.00

Civil No. 99-4736-12, First Circuit Settlement

Civil No. 99-00909DAE/BMK, USDC

and MCCP 99-71

Young v. Public Safety, et al. $ 15,000.00

Civil No. 99-00500HG/LEK, USDC Settlement

Zukevich v. State of Hawaii $ 294,723.22

Civil No. 95-00545 ACK, USDC Settlement

______________

SUBTOTAL: $ 1,155,795.83

10. UNIVERSITY OF HAWAII:

Emerick v. State of Hawaii, $ 177,000.00

dba Leeward Community College Settlement

Civil No. 97-00766SPK/KSC, USDC

______________

SUBTOTAL: $ 177,000.00

11. MISCELLANEOUS CLAIMS (Escheated Warrants):

SECTION 2. The following sums of money are appropriated out of the state highway and harbors funds 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:

Healy Tibbitts Builders, Inc. v. $ 450,000.00

State of Hawaii, Civil No. 96-0828-02, Settlement

First Circuit

Mitchell v. State of Hawaii, et al. $ 36,481.48

Civil NO. 99-217K, Third Circuit Judgment

Amount of Judgment: $35,196.42

4% interest from 3/22/01: $ 506.00

Costs: $ 779.06

______________

TOTAL: $ 486,481.48

DEPARTMENT OF TRANSPORTATION, HIGHWAYS DIVISION:

Arakaki v. Anama, et al. $ 75,000.00

Civil No. 98-3469-08, First Circuit Settlement

Austria v. State of Hawaii $ 20,000.00

Civil No. 00-1-0757-03, First Circuit Settlement

Braganza v. State of Hawaii, et al. $ 15,000.00

Civil No. 99-2632-07, First Circuit Settlement

Castro v. State of Hawaii $ 3,563,323.70

Civil No. 90-139, Third Circuit Judgment

Cohen v. State of Hawaii $ 72,500.00

Civil No. 00-10060(1), Second Circuit Settlement

Corpuz v. State of Hawaii $ 40,000.00

Civil No. 99-0902-03, First Circuit Settlement

DeSilva v. State of Hawaii $ 685,974.40

Civil No. 97-0303(3), Second Circuit Judgment

Amount of Judgment: $638,774.40

4% interest from 9/28/00: $ 47,200.00

Fireman's Fund Insurance Companies v. $ 25,000.00

State of Hawaii, Civil No. 99-105, Settlement

Third Circuit

Hale Kauai v. State of Hawaii $ 15,000.00

Civil No. 97-0028, Fifth Circuit Settlement

Julian v. Jacobson, et al. $ 75,000.00

Civil No. 98-5212-12, First Circuit Settlement

Kolomitz v. State of Hawaii $ 15,743.66

Civil No. 96-0108(1), Second Circuit Judgment

Melvin v. Shephard, et al. $ 60,000.00

Civil No. 97-0-001288(KNB), First Circuit Settlement

Pottenger v. State of Hawaii $ 32,500.00

Civil No. 99-103, Third Circuit Settlement

Rinaldi, et al. V. Trans-Hawaiian Maui, et al. $ 77,975.30

Civil No. 97-0690(1), Second Circuit Judgment

Amount of Judgment: $63,045.46

4% interest from 10/17/00: $ 1,997.00

Costs: $12,932.84

Roseman v. State of Hawaii $ 16,296.50

Civil No. 98-2192-05, First Circuit Settlement

Williams v. State of Hawaii $ 144,118.42

Civil No. 98-0683(3), Second Circuit Judgment

Amount of Judgment: $134,193.22

4% interest from 7/26/00: $ 5,485.76

Costs: $ 4,439.44

______________

TOTAL: $ 4,933,431.98

TOTAL (SECTION 2) $ 5,419,913.46

GRAND TOTAL (SECTIONS 1 and 2): $12,230,476.14

SECTION 3. The sums hereinabove appropriated may be paid to the respective persons, or for the satisfaction or settlement of the respectively identified cases, and in the several amounts hereinabove set forth or in lesser amounts deemed appropriate, upon warrants or checks issued by the comptroller of the State:

SECTION 4. Notwithstanding the sums hereinabove appropriated 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.

SECTION 5. All unexpended and unencumbered balances of the appropriations made by section 1 of this Act as of the close of business on June 30, 2002, shall lapse into the general fund of the State.

SECTION 6. Any future claim for which money is required to satisfy a judgment or settlement agreement shall be funded through each agency's departmental allocation and not by general fund appropriations.

SECTION 7. If any provision of this Act, or the application thereof to any person or entity 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 8. This Act shall take effect on July 1, 2001.