Provides for the authorization and payment of claims against the State for tax refunds, judgments and settlements, and for other miscellaneous payments. (HB1111 CD1)

A BILL FOR AN ACT

PART I

SECTION 1. The following sums or so much thereof as may be necessary for fiscal year 2002-2003 are appropriated out of the general revenues of the State of Hawaii to the department of the attorney general 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 the overpayment of taxes, or for refunds, reimbursements, payments of judgments or settlements, or other liabilities, in the amounts set forth opposite their names:

JUDGMENTS AGAINST THE STATE AMOUNT

AND SETTLEMENTS OF CLAIMS:

1. DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:

Event Partners in Concession Services, et $ 185,000.00

al. v. State of Hawaii, et al., Civil No. Settlement

00-1-2077-07, First Circuit

Hi-Tec Roofing Services, Inc. v. $ 119,298.41

State of Hawaii, et al., PCH-2002-1, Judgment

DCCA

L.T.M. Corp. dba Civil Mechanical $ 27,500.00

v. State of Hawaii, Settlement

Civil No. 01-1-2159-07, First Circuit

_____________

SUBTOTAL: $ 331,798.41

2. DEPARTMENT OF AGRICULTURE:

Thomas v. Nakatani $ 150,000.00

Civil No. 00-00125 ACK/KSC, USDC Settlement

_____________

SUBTOTAL: $ 150,000.00

3. DEPARTMENT OF EDUCATION:

Doe Parents v. Norton, et al. $1,790,242.47

Civil No. 96-4906-11, First Circuit Judgment

Amount of judgment: $1,757,500.00

4% interest from 2/12/03: $ 32,742.47

Halpenny v. State of Hawaii, et al. $ 150,000.00

Civil No. 97-1941, First Circuit Settlement

Ibarra, et al. v. State of Hawaii, et al. $ 40,000.00

Civil No. 01-1-0055K, Third Circuit Settlement

Kane v. State of Hawaii, et al. $ 37,500.00

Civil No. 98-2226-05, First Circuit Settlement

Mother Doe I, et al. v. State of $ 40,000.00

Hawaii, et. al. Settlement

Civil No. 01—1-1101-04, First Circuit

Rahsaan v. State of Hawaii, et al. $ 425,000.00

Civil No. 00-00795 HG/LEK, USDC Settlement

Washino v. Ventura, et al. $ 12,500.00

Civil No. 01-1-2570-08, First Circuit Settlement

_____________

SUBTOTAL: $2,495,242.47

4. OFFICE OF THE GOVERNOR:

Arakaki v. State of Hawaii $ 55,494.08

Civil No. 00-00514, USDC Judgment

Amount of judgment: $53,733.64

2.53% interest from 4/18/02: $ 1,760.44

Arakaki v. State of Hawaii $ 104,000.00

Civil No. 00-00514, USDC Settlement

UPW v. Yogi $ 523.14

Hawaii S.C. No. 23705 Judgment

Amount of judgment: $ 498.16

10% interest from 1/30/03: $ 24.98

_____________

SUBTOTAL: $ 160,017.22

5. DEPARTMENT OF HUMAN SERVICES:

Burns-Vidlak and Sterling Cases $ 7,000,000.00

(Class Actions) Settlement

_____________

SUBTOTAL: $ 7,000,000.00

6. DEPARTMENT OF LAND AND NATURAL RESOURCES:

Atahan v. County of Maui, et al. $ 75,000.00

Civil No. 95-0160(1), Second Circuit Settlement

Captain Andy's Sailing, Inc. $ 242,854.60

v. Johns, et al. Judgment

Civil No. 00-00051, USDC

_____________

SUBTOTAL: $ 317,854.60

7. OFFICE OF THE LIEUTENANT GOVERNOR:

Smith v. State of Hawaii, Campaign $ 63,042.58

Spending Commission, et al. Settlement

Civil No. 02-00068HG/BMK, USDC

Smith v. State of Hawaii, Campaign $ 31,786.31

Spending Commission, et al. Judgment

Civil No. 02-00068HG/BMK, USDC

Smith v. State of Hawaii, Campaign $ 14,079.56

Spending Commission, et al. Judgment

Civil No. 02-00068HG/BMK, USDC

_____________

SUBTOTAL: $ 108,908.45

8. DEPARTMENT OF PUBLIC SAFETY:

Aguinaldo v. Hoge, et al. $ 75,000.00

Civil No. 01-1-0681-02, First Circuit Settlement

Allen v. Iranon $ 78,182.68

Civil No. 97-00175ACK, USDC Judgment

Clark, et al. v. State of Hawaii, et al. $ 1,053,195.62

Civil No. 99-00885DAE/BMK, USDC (Class Action) Settlement

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

Civil No. 97-3978-09, First Circuit Settlement

Evans, et al. v. State of Hawaii, et al. $ 1,990,000.00

Civil No. 97-1908-05, First Circuit Settlement

Morrison v. State of Hawaii, et al. $ 70,000.00

Civil No. 01-1-2248-07, First Circuit Settlement

Serrao v. State of Hawaii $ 50,000.00

Civil No. 01-1-0471, Third Circuit Settlement

_____________

SUBTOTAL: $ 3,491,378.30

9. MISCELLANEOUS CLAIMS:

Arylla Chong $ 575.00

Ronnie Goda-George $ 430.00

Charles Ramos $ 457.00

Masaaki Soneda $ 1,849.00

_____________

SUBTOTAL: $ 3,311.00

TOTAL (SECTION 1): $14,058,510.45

The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

PART II

SECTION 2. The following sums, or so much thereof as may be necessary for fiscal year 2002-2003, are appropriated out of the state highway fund 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, HIGHWAYS DIVISION:

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

Civil No. 99-0648(3), Second Circuit Settlement

Delos Reyes, et al. v. State of Hawaii $1,500,000.00

Civil No. 02-1-0819-04, First Circuit Settlement

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

Civil No. 01-1-0157, Third Circuit Settlement

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

Civil No. 01-1-0110-01, First Circuit Settlement

Island Insurance Co. v. Department of $ 19,000.00

Transportation, et al., Settlement

Civil No. 02-1-0156-01, First Circuit

Querubin v. State of Hawaii $ 30,000.00

Civil No. 99-498, Third Circuit Settlement

San Nicholas, et al. v. State of Hawaii, $ 350,000.00

Civil No. 01-1-0111-01, First Circuit Settlement

_____________

SUBTOTAL: $2,414,000.00

TOTAL (SECTION 2): $2,414,000.00

The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 3. The legislature finds and declares that the following claim for legislative relief recommended for approval as to the following named person for claims against the State or the department of health or its officers or employees for the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their name, is approved for payment:

JUDGMENTS AGAINST THE STATE

AND SETTLEMENTS OF CLAIMS:

DEPARTMENT OF HEALTH:

Aguinaldo v. State of Hawaii, et al. $ 20,000.00

Civil No. 00-1-0278(2), Second Circuit Settlement

_____________

SUBTOTAL: $ 20,000.00

TOTAL (SECTION 3): $ 20,000.00

Provided that of the legislative appropriation for the department of health for fiscal year 2002-2003 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, as further amended by Act 177, Session Laws of Hawaii 2002, the general fund sum of $20,000.00 from the Developmental Disabilities program (HTH 501) shall be expended by the department of health for the purposes of this Act.

SECTION 4. The legislature finds and declares that the following claim for legislative relief recommended for approval as to the following named person for claims against the State or the department of land and natural resources or its officers or employees for the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their name, is approved for payment:

JUDGMENTS AGAINST THE STATE

AND SETTLEMENTS OF CLAIMS:

DEPARTMENT OF LAND AND NATURAL RESOURCES:

Maalaea Slip 69, Inc. dba $ 4,133.25

Rascal Charters v. Department of Land and

Natural Resources,

Civil No. 01-1-0421(1), Second Circuit Judgment

_____________

SUBTOTAL: $ 4,133.25

TOTAL (SECTION 4): $ 4,133.25

Provided that of the legislative appropriation for the department of land and natural resources for fiscal year 2002-2003 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, as further amended by Act 177, Session Laws of Hawaii 2002, the special fund sum of $4,133.25 from the Ocean-Based Recreation program (LNR 801) shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. The legislature finds and declares that the following claim for legislative relief recommended for approval as to the following named person for claims against the State or the department of land and natural resources or its officers or employees for the payment of judgments and settlements, or other liabilities, in the amount set forth opposite their name, is approved for payment:

JUDGMENTS AGAINST THE STATE

AND SETTLEMENTS OF CLAIMS:

DEPARTMENT OF LAND AND NATURAL RESOURCES:

Oberle v. State of Hawaii $ 31,200.00

Civil No. 00-1-0214, Third Circuit Settlement

_____________

SUBTOTAL: $ 31,200.00

TOTAL (SECTION 5): $ 31,200.00

Provided that of the legislative appropriation for the department of land and natural resources for fiscal year 2002-2003 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, as further amended by Act 177, Session Laws of Hawaii 2002, the general fund sum of $31,200 from the Park Development and Operation program (LNR 806) shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 6. The legislature finds and declares that the following claim for legislative relief recommended for approval as to the following named person for claims against the State or the department of business, economic development, and tourism or its officers or employees for the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their name, is approved for payment:

JUDGMENTS AGAINST THE STATE

AND SETTLEMENTS OF CLAIMS:

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT,

AND TOURISM:

Hewlen v. Laboy, et al. $ 15,000.00

Civil No. 01-1-0366-02, First Circuit Settlement

_____________

SUBTOTAL: $ 15,000.00

TOTAL (SECTION 6): $ 15,000.00

Provided that of the legislative appropriation for the department of business, economic development, and tourism for fiscal year 2003-2004 in section 3 of H.B. 200 (the General Appropriations Act of 2003), the other federal funds sum of $14,400.00 and the revolving funds sum of $600.00 shall be expended from the Rental Housing Services program (BED 220) by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 7. The legislature finds and declares that the following claims for legislative relief recommended for approval as to the following named persons for claims against the State or the department of business, economic development, and tourism or its officers or employees for the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their name, is approved for payment:

JUDGMENTS AGAINST THE STATE

AND SETTLEMENTS OF CLAIMS:

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT

AND TOURISM:

Tuioti, et al. v. City & County of $ 18,333.34

Honolulu, Civil No. 00-1-1609-05, Settlement

First Circuit

_____________

SUBTOTAL: $ 18,333.34

TOTAL (SECTION 7): $ 18,333.34

Provided that of the legislative appropriation for the department of business, economic development, and tourism for fiscal year 2003-2004 in section 3 of H.B. No. 200 (the General Appropriations Act of 2003), the other federal funds sum of $18,333.34 shall be expended from the Rental Housing Services program (BED 220) by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 8. The legislature finds and declares that the following claims for legislative relief recommended for approval as to the following named persons for claims against the State or the department of education or its officers or employees for the payment of judgments or settlements, or other liabilities, in the amount set forth opposite their name, is approved for payment:

JUDGMENTS AGAINST THE STATE

AND SETTLEMENTS OF CLAIMS:

DEPARTMENT OF EDUCATION:

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

et al. Civil No. 02-1-1280-05, Settlement

First Circuit

_____________

SUBTOTAL: $ 30,000.00

TOTAL (SECTION 8): $ 30,000.00

Provided that of the legislative appropriation for the department of education for fiscal year 2002-2003 in section 3 of Act 259, Session Laws of Hawaii 2001, as amended by Act 3, Third Special Session Laws of Hawaii 2001, as further amended by Act 177, Session Laws of Hawaii 2002, the other federal funds sum of $30,000.00 shall be expended from the School-Based Budgeting program (EDN 100) by the department of education for the purposes of this Act.

SECTION 9. The sums hereinabove may be paid to the respective persons, or for the satisfaction or settlement of the respectively identified cases, and in several amounts hereinabove set forth or in lesser amounts deemed appropriate, upon checks issued by the comptroller; provided departments must obtain the approval of the attorney general before payment of any claim can be made.

SECTION 10. Notwithstanding the sums hereinabove stated 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 part, as provided in section 662-8, Hawaii Revised Statutes, for those cases to which that statute applies.

PART III

SECTION 11. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2004, shall lapse.

SECTION 12. If any provision of this Act, or the application thereof to any person 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 13. This Act shall take effect upon its approval; provided that sections 6 and 7 of this Act shall take effect on July 1, 2003.