REPORT TITLE:
Hawaiian Home Lands


DESCRIPTION:
Establishes reparations for persons aggrieved under the Hawaiian
Homes Commission Act of 1920.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                          
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO REPARATIONS UNDER THE HAWAIIAN HOME LANDS TRUST.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to expedite the
 
 2 adjudication of individual claims brought by beneficiaries of the
 
 3 Hawaiian home lands trust pursuant to the process delineated in
 
 4 chapter 674, Hawaii Revised Statutes.  It has been eight years
 
 5 since the adoption of chapter 674.  However, to date,
 
 6 beneficiaries whose claims have been adjudicated have not been
 
 7 paid, for various reasons.
 
 8      This Act modifies the individual claims process by
 
 9 patterning it after the federal Civil Liberties Act of 1988,
 
10 which provided redress for Americans of Japanese ancestry who
 
11 were interned during World War II.  Specifically, this Act limits
 
12 the adjudicative process to a determination of liability, i.e., a
 
13 breach of trust by the department of Hawaiian home lands
 
14 (including waiting list claims); and authorizes payment to each
 
15 eligible individual claimant upon a determination of liability.
 
16 The legislature finds that this process will streamline the
 
17 adjudicative process; avoid anticipated litigation; and, more
 
18 significantly, expedite the payment of awards to claimants while
 
19 they are still alive.
 

 
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 1      SECTION 2.  Section 674-1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§674-1 Purpose.  The purpose of this chapter is to
 
 4 establish a process under which individual beneficiaries under
 
 5 the Hawaiian home lands trust may resolve claims for actual
 
 6 damages arising out of or resulting from a breach of trust, which
 
 7 occurred between August 21, 1959, and June 30, 1988, and was
 
 8 caused by an act or omission of an employee of the State in the
 
 9 management and disposition of trust resources:
 
10      (1)  By establishing a Hawaiian home lands trust individual
 
11           claims review panel which shall:
 
12           (A)  Receive, review, and evaluate the merits of an
 
13                individual beneficiary's claim;
 
14           (B)  Render findings and issue an [advisory] opinion
 
15                regarding the merits of each claim filed with the
 
16                panel[, including an estimate of the probable
 
17                award of actual damages or recommended corrective
 
18                action that may be implemented to resolve each
 
19                claim];
 
20           (C)  Prepare and transmit a report to the governor and
 
21                legislature, at least twenty days prior to the
 
22                convening of each regular legislative session, and
 
23                a [final] report, at least twenty days prior to
 

 
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 1                the convening of the [1997] 2000 regular
 
 2                legislative session, on the activities of the
 
 3                panel including a summary of each claim brought
 
 4                before the panel, the panel's findings and
 
 5                advisory opinion regarding the merits of each
 
 6                claim, and an estimate of the [probable] total
 
 7                compensation[ or any recommended corrective action
 
 8                for legislative action];
 
 9           (D)  Disburse [any] compensation [awarded by the
 
10                legislature in regular session or undertake other
 
11                actions as provided by law which are acceptable to
 
12                a claimant]; and
 
13      (2)  By providing an individual beneficiary claimant the
 
14           right to [bring an action to recover actual damages for
 
15           a breach of trust, in the circuit courts of the State
 
16           of Hawaii, if the action taken by the legislature in
 
17           regular session on each claim brought before the panel
 
18           is not acceptable to an individual beneficiary
 
19           claimant.] appeal a determination of no breach of
 
20           trust, pursuant to chapter 91."
 
21      SECTION 3.  Section 674-2, Hawaii Revised Statutes, is
 
22 amended as follows:
 
23      1.   By deleting the definitions of "actual damages".
 

 
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 1      [""Actual damages" means direct, monetary out-of-pocket
 
 2 loss, excluding noneconomic damages as defined in section 663-8.5
 
 3 and consequential damages, sustained by the claimant individually
 
 4 rather than the beneficiary class generally, arising out of or
 
 5 resulting from a breach of trust, which occurred between
 
 6 August 21, 1959, and June 30, 1988, and was caused by an act or
 
 7 omission by an employee of the State with respect to an
 
 8 individual beneficiary in the management and disposition of trust
 
 9 resources."]
 
10      2.   By deleting the definition of "compensation".
 
11      [""Compensation" means an award of actual damages to a
 
12 claimant."]
 
13      SECTION 4.  Section 674-8, Hawaii Revised Statutes, is
 
14 amended by amending subsection (e) to read as follows:
 
15      "(e)  Upon written acceptance by a claimant or an acceptance
 
16 as provided in section 674-17, the panel shall disburse [any
 
17 compensation awarded by the legislature and undertake such other
 
18 action as may be provided by law.] $       in full compensation
 
19 to the individual for any breach of trust compensable under this
 
20 chapter.  No payment for a breach of trust under this chapter
 
21 shall be considered income for the purposes of chapter 235."
 
22      SECTION 5.  Section 674-10, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "§674-10  Findings and advisory opinion.(a)  The panel
 
 2 shall prepare findings and an [advisory opinion concerning the
 
 3 probable merits of a claim, probable award of compensation, or
 
 4 recommended corrective action by the State.] opinion as to
 
 5 whether the claimant sustained a breach of trust, including a
 
 6 breach for length of time on the waiting list.
 
 7      (b)  The findings and advisory opinion shall be signed by
 
 8 all members of the panel; provided that any member of the panel
 
 9 may file a written concurring or dissenting advisory opinion.
 
10      (c)  The [advisory] opinion of the panel rendered on each
 
11 claim shall be incorporated in the reports required by section
 
12 674-14 for submission to the legislature.
 
13      (d)  If the panel finds that no breach occurred, the panel
 
14 shall file findings and an opinion to that effect.  A claimant
 
15 may appeal pursuant to section 91-14, and to the extent necessary
 
16 to effectuate an appeal pursuant to this subsection, the State
 
17 waives its immunity for liability for damages not exceeding
 
18 $        per claimant."
 
19      SECTION 6.  Section 674-11, Hawaii Revised Statutes, is
 
20 repealed.
 
21      ["§674-11  Subsequent litigation; excluded evidence.  No
 
22 statement made in the course of any investigation, hearing, or
 
23 review proceedings of the panel shall be admissible in evidence
 

 
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 1 either as an admission, to impeach the credibility of a witness,
 
 2 or for any other purpose in any legal proceeding.  No opinion,
 
 3 conclusion, finding, or recommendation of the panel on the issue
 
 4 of liability, or on the issue of compensation, or corrective
 
 5 action shall be admitted into evidence in any legal proceeding,
 
 6 nor shall any party to the panel hearing, or the counsel, or
 
 7 other representative of the party, refer to or comment thereon in
 
 8 any opening statement, any argument, or at any other time, to any
 
 9 court or jury."]
 
10      SECTION 7.  Part III of chapter 674, Hawaii Revised
 
11 Statutes, is repealed.
 
12      SECTION 8.  There is appropriated out of the general
 
13 revenues of the State of Hawaii the sum of $       , or so much
 
14 thereof as may be necessary for fiscal year 1999-2000, for the
 
15 purpose of funding claims under chapter 674.
 
16      SECTION 9.  The sum appropriated shall be expended by the
 
17 department of the attorney general for the purposes of this Act.
 
18      SECTION 10.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 11.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:_________________________