Provides for the authorization and payment of claims against the State for refunds of taxes, for judgments and settlements, and for other miscellaneous payments. (SD2)

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

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

Anova Science Education

Corp. and Robert Landsman v.

Halau Lokahi Public Charter

School, et at.

Civil No. 05-1-1395-08, First Circuit $ 20,000.00

Settlement

Ilagan v. State of Hawaii, et al.

Civil No. 03-00553, United States

District Court $ 12,000.00

Settlement

______________

SUBTOTAL: $ 319,500.00

3. DEPARTMENT OF HUMAN SERVICES:

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

Doi v. State of Hawaii, et al.

Civil No. 97-4036-10, First Circuit $ 2,000,000.00

Settlement

______________

SUBTOTAL: $ 2,137,500.00

4. 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

5. MISCELLANEOUS CLAIMS:

Boetcher, Barbara E. $ 65.08

______________

SUBTOTAL: $ 65.08

TOTAL (SECTION 1): $ 2,610,865.08

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: $ 140,000.00

TOTAL (SECTION 2): $ 140,000.00

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

SECTION 3. 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 4. 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 5. 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 6. 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 7. This Act shall take effect upon its approval.