Provides for the authorization and payment of claims against the State for tax refunds, judgments and settlements, and for other miscellaneous payments. (SD1)

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

_____________

SUBTOTAL $ 304,298.41

2. DEPARTMENT OF EDUCATION:

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

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

Civil No. 97-1941, First Circuit Settlement

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

Hawaii, et. al. Settlement

Civil No. 01-1101-04, First Circuit

_____________

SUBTOTAL: $ 267,500.00

3. 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

______________

SUBTOTAL: $ 55,494.08

4. DEPARTMENT OF HUMAN SERVICES:

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

(Class Actions) Settlement

_____________

SUBTOTAL $7,000,000.00

5. 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

_____________

SUBTOTAL: $ 63,042.58

6. DEPARTMENT OF PUBLIC SAFETY:

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

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

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

Civil No. 97-3978-09, 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

Allen v. Iranon $ 78,182.68

Civil No. 97-00175ACK, USDC Judgement

_____________

SUBTOTAL: $ 448,182.68

7. MISCELLANEOUS CLAIMS:

Masaaki Soneda $ 1,849.00

CHARLES RAMOS $ 457.00

_____________

SUBTOTAL: $ 2,306.00

TOTAL (SECTION 1): $8,140,823.70

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

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

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

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

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

_____________

SUBTOTAL: $ 850,000.00

TOTAL (SECTION 2): $ 850,000.00

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 accounting and general services 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 ACCOUNTING AND GENERAL SERVICES:

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

State of Hawaii, Civil No. 01-1-2159-07, Settlement

First Circuit

_____________

SUBTOTAL: $ 27,500.00

TOTAL (SECTION 3) $ 27,500.00

Provided that of the legislative appropriation for the department of accounting and general services 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 $27,500.00 from the ____________ program (AGS ____) shall be expended by the department of accounting and general services 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 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 4) $ 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 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 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

Rascal Charters v. Department

of Land and Natural Resources, $ 4,133.25

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

_____________

SUBTOTAL: $ 4,133.25

TOTAL (SECTION 5) $ 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 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 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 6) $ 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 Parks Administration and Operation program LNR (806) shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 7. 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 8. 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 9. If any provision of this Act, or the application thereof to any person 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 10. This Act shall take effect upon its approval.