Provides for the authorization and payment of claims against the State for judgments, settlements, and 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 2005-2006 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:

_______________

SUBTOTAL: $ 130,800.00

2. DEPARTMENT OF EDUCATION:

Settlement

Anova Science Education Corp. and

Robert Landsman v. Halau Lokahi Public

Charter School, et al. $ 20,000.00

Civil No. 05-1-1395-08, First Circuit Settlement

Cacho v. State of Hawaii, et al. $ 25,000.00

Civil No. 04-1-1091-06, First Circuit Settlement

Sula, Pamata (Tort Claim) $ 125,000.00

Settlement

Aguinaldo, et al. v. De Costa, et al. $ 16,500.00

Civil No. 05-1-0380(3), Second Circuit Settlement

______________

SUBTOTAL: $ 324,000.00

3. DEPARTMENT OF HUMAN SERVICES:

Doi v. State of Hawaii, et al. $ 2,000,000.00

Civil No. 97-4036-10, First Circuit Settlement

Hirata v. Chandler, et al. $ 90,000.00

Civil No. 02-1-2277-09, First Circuit Settlement

Ryan, et al. v. Kamaka, et al. $ 47,500.00

Civil No. 03-00384, USDC Settlement

______________

SUBTOTAL: $ 2,137,500.00

4. DEPARTMENT OF LAND AND NATURAL RESOURCES:

Fielder v. Murphy $ 162,018.34

Civil No. 01-00608, USDC Judgment

Giltner v. State of Hawaii, et al. $ 79,469.52

Civil No. 02-1-0187, Fifth Circuit Judgment

Rumball, et al. v. State of Hawaii, et al. $ 100,000.00

Civil No. 04-1-0038K, Third Circuit Settlement

______________

SUBTOTAL: $ 341,487.86

5. DEPARTMENT OF PUBLIC SAFETY:

Abiley v. State of Hawaii $ 23,000.00

Civil No. 04-1-0725-04, First Circuit Settlement

______________

SUBTOTAL: $ 23,000.00

6. RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII:

Perreira v. Maloney, et al. $ 22,500.00

Civil No. 04-1-1075, Third Circuit Settlement

______________

SUBTOTAL: $ 22,500.00

7. MISCELLANEOUS CLAIMS:

Boetcher, Barbara E. $ 65.08

______________

SUBTOTAL: $ 65.08

TOTAL (SECTION 1): $ 2,979,352.94

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 2005-2006 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 AMOUNT

AND SETTLEMENTS OF CLAIMS:

______________

SUBTOTAL: $ 2,655,869.48

TOTAL (SECTION 2): $ 2,655,869.48

The sums appropriated shall be expended by the department of transportation, highways division, 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 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 SETTLEMENT OF CLAIMS:

DEPARTMENT OF LAND AND NATURAL RESOURCES.

Allstate Insurance Company $ 25,000.00

(Tort Claim) Settlement

_____________

SUBTOTAL: $ 25,000.00

TOTAL (SECTION 3): $25,00.00

Provided that the legislative appropriation for the department of land and natural resources for fiscal year 2006-2007 shall be expended from the special land and development fund S-07-318 by the department of land and natural resources for the purposes of this Act.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,300,000, for fiscal year 2006-2007, to the housing and community development corporation of Hawaii, for the purpose of the settlement of the case entitled, Smith, et al. v. Housing and Community Development Corporation of Hawaii, Civil No. 04-1-0096K, Third Circuit.

Funds appropriated under this section shall be subject to:

Funds appropriated under this section shall be allocated and expended by the housing and community development corporation of Hawaii for the purposes of and in accordance with this section, including but not limited to the terms and conditions of the applicable settlement agreement, and for an rent credit, set-off, or future rent credit.

SECTION 5. 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 that the departments shall obtain the approval of the attorney general before payment of any claim can be made.

SECTION 6. 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 the statute applies.

PART III

SECTION 7. All unexpended and unencumbered balances of the appropriations made in this Act as of the close of business on June 30, 2007, shall lapse.

SECTION 8. 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 9. This Act shall take effect upon its approval.