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

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

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SUBTOTAL: $ 405,000.00

2. DEPARTMENT OF BUDGET AND FINANCE:

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

Civil No. 99-0400-01, First Circuit

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SUBTOTAL: $ 22,668.44

3. DEPARTMENT OF BUSINESS AND ECONOMIC

DEVELOPMENT:

Quiocho v. State of Hawaii $ 15,798.74

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

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SUBTOTAL: $ 15,798.74

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

Ferrera v. Azama, et al. $ 539,422.83

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

Amount of judgment: $515,891.05

4% interest from 6/13/00: $ 23,531.78

Francisco v. State of Hawaii $ 800,000.00

Civil No. 98-0230, Fifth Circuit Settlement

James P., et al. v. LeMahieu $ 14,632.66

Civil No. 99-00861DAE, USDC Judgment

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SUBTOTAL: $ 1,407,555.49

5. DEPARTMENT OF HUMAN SERVICES:

Fujioka v. State of Hawaii $ 205,000.00

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

Gonsalves v. Chandler, et al. $ 11,571.51

Civil No. 97-00498 BMK, USDC Judgment

Amount of Judgment: $11,178.63

4% interest from 9/14/00 $ 392.88

Hoelscher v. Chandler, et al. $ 17,330.04

Civil No. 97-00504 BMK, USDC Judgment

Amount of Judgment: $16,741.64

4% interest from 9/14/00: $ 588.40

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

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

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SUBTOTAL: $ 264,019.76

6. DEPARTMENT OF LAND AND NATURAL RESOURCES:

McShane v. State of Hawaii $ 25,000.00

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

Napeahi v. Wilson $ 326,474.66

Civil No. 85-01523DAE, USDC Judgment

Amount of judgment: $314,762.69

4% interest from 8/30/00: $ 11,711.97

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SUBTOTAL: $ 351,474.66

7. DEPARTMENT OF PUBLIC SAFETY:

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

Nix v. State of Hawaii $ 30,000.00

Civil No. 99-1006-03, 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

Zukevich v. State of Hawaii $ 294,723.22

Civil No. 95-00545 ACK, USDC Settlement

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SUBTOTAL: $ 745,938.69

8. 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

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TOTAL (SECTION 2): $ 450,000.00

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

Corpuz v. State of Hawaii $ 40,000.00

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

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

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

Third Circuit

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

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

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

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

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

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TOTAL (SECTION 3): $ 470,414.92

GRAND TOTAL (SECTIONS 1, 2 AND 3): $ 4,133,959.44

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 the 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 effect 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.