REPORT TITLE: 
Hawaiian Trust Lands


DESCRIPTION:
Extends the Hawaiian Home Lands Trust Individual Claims Review
Panel until December 31, 2002.  Establishes an Individual
Hawaiian Home Lands Trust Claims Compensation Commission to
develop funding options to compensate successful claimants.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2110
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO HAWAIIAN HOME LANDS TRUST INDIVIDUAL CLAIMS.



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

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

 
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 1           (C)  Prepare and transmit [a report to the governor and
 
 2                legislature, at least twenty days prior to the
 
 3                convening of each regular legislative session,
 
 4                and] a final report, at least twenty days prior to
 
 5                the convening of the [1997] 2002 regular
 
 6                legislative session, on the activities of the
 
 7                panel including a summary of each claim brought
 
 8                before the panel, the panel's findings and
 
 9                advisory opinion regarding the merits of each
 
10                claim, and an estimate of the probable
 
11                compensation or any recommended corrective action
 
12                for legislative action;
 
13           (D)  Disburse any compensation awarded by the
 
14                legislature in regular session or undertake other
 
15                actions as provided by law which are acceptable to
 
16                a claimant; and
 
17      (2)  By providing an individual beneficiary claimant the
 
18           right to bring an action to recover actual damages for
 
19           a breach of trust, in the circuit courts of the State
 
20           of Hawaii, if the action taken by the legislature in
 
21           regular session on each claim brought before the panel
 
22           is not acceptable to an individual beneficiary
 
23           claimant."
 

 
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 1      SECTION 2.  Section 674-4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§674-4 Tenure and compensation of members.  The term of
 
 4 office of each member of the panel shall be until December 31,
 
 5 [1999.] 2002.  Any member appointed to fill a vacancy shall be
 
 6 appointed by the governor for the remainder of the term.  A
 
 7 vacancy in the panel shall not affect its powers.
 
 8      Each member of the panel shall be compensated at the rate of
 
 9 $100 per day for each day's actual attendance to the member's
 
10 duties; provided that the compensation shall not exceed a maximum
 
11 of $10,000 per year.  The members of the panel shall be paid
 
12 their necessary traveling and subsistence expenses incurred in
 
13 the discharge of their duties.  Expenses incurred under this
 
14 section shall be paid by the department of commerce and consumer
 
15 affairs."
 
16      SECTION 3.  Section 674-14, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§674-14  Annual report.  The panel shall prepare [a report
 
19 to be transmitted to the governor and to the legislature, at
 
20 least twenty days prior to the convening of the regular session
 
21 of 1998, and] a final report to be transmitted to the governor
 
22 and to the legislature, at least twenty days prior to the
 
23 convening of the regular session of [1999,] 2002, which
 

 
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 1 summarizes [its] the panel's activities in furtherance of this
 
 2 chapter, and shall include a summary of each claim brought before
 
 3 the panel, the panel's findings and advisory opinion regarding
 
 4 the merits of each claim, and an estimate of the probable
 
 5 compensation or recommended corrective action by the State, for
 
 6 action by the legislature in regular session."
 
 7      SECTION 4.  Section 674-17, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§674-17  Right to sue, individual claims.(a)  An
 
10 aggrieved individual claimant shall have the right to bring an
 
11 action, in accordance with this part, in the circuit courts of
 
12 the State for recovery of actual damages suffered by the claimant
 
13 arising out of or resulting from a breach of trust which occurred
 
14 between August 21, 1959, to June 30, 1988; provided that no
 
15 action shall be filed until after October 1, [1997.] 2002.
 
16      (b)  "Aggrieved individual claimant", as used in this
 
17 section, means an individual claimant whose claim was reviewed by
 
18 the panel under this chapter and who has filed, no later than
 
19 October 1, [1999,] 2002, a written notice with the panel that the
 
20 claimant does not accept the action taken by the legislature in
 
21 regular session upon the claim.  Any claimant who fails to file a
 
22 written notice rejecting the action of the legislature upon the
 
23 claim shall be deemed to have accepted the action taken by the
 

 
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 1 legislature."
 
 2      SECTION 5.  Section 674-19, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§674-19  Limitation on actions.  Every claim cognizable
 
 5 under this part shall forever be barred unless the action is
 
 6 commenced by December 31, [1999.] 2002."
 
 7                             PART II.
 
 8      SECTION 6.  The purpose of this Part is to establish a
 
 9 commission to evaluate funding mechanisms to compensate native
 
10 Hawaiian beneficiaries that have successfully asserted claims
 
11 against the State under chapter 674, Hawaii Revised Statutes.
 
12      SECTION 7.  (a)  There is established in the legislative
 
13 reference bureau for administrative purposes only, a Hawaiian
 
14 home lands trust individual claims compensation commission which
 
15 shall be comprised of seven voting members who shall be:
 
16      (1)  The director of budget and finance or the director's
 
17           designee;
 
18      (2)  The chairperson of the Hawaiian homes commission or the
 
19           chairperson's designee;
 
20      (3)  The chairperson of the Hawaiian home lands individual
 
21           trust claims review panel or the chairperson's
 
22           designee;
 
23      (4)  A claimant who has successfully engaged the process
 

 
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 1           established under chapter 674, Hawaii Revised Statutes,
 
 2           to resolve the claimant's individual claim of breach of
 
 3           the Hawaiian Home Lands Trust;
 
 4      (5)  A beneficiary of the Hawaiian home lands trust who is
 
 5           not a claimant under chapter 674, Hawaii Revised
 
 6           Statutes; 
 
 7      (6)  The president of the senate or the president's
 
 8           designee; and
 
 9      (7)  The speaker of the house of representatives or the
 
10           speaker's designee.
 
11      (b)  The governor shall appoint the members specified under
 
12 subsection (a)(4) and (5) to serve on the Hawaiian home lands
 
13 trust individual claims compensation commission from lists
 
14 submitted by the various Hawaiian homestead associations in the
 
15 State.  Any vacancy that may occur for a commission seat that was
 
16 appointed under subsection (a)(4) or (5) shall be filled in the
 
17 same manner that the replacement's predecessor was appointed.
 
18      (c)  The Hawaiian home lands trust individual claims
 
19 compensation commission shall develop proposals for alternative
 
20 means of compensating claimants who have received a favorable
 
21 ruling under the process established under chapter 674, Hawaii
 
22 Revised Statutes.  The proposals may be formulated on an
 
23 individual or class basis as deemed appropriate by the commission
 

 
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 1 and shall include but not be limited to:
 
 2      (1)  Means of financing for claims against the State under
 
 3           chapter 674, Hawaii Revised Statutes;
 
 4      (2)  Compensation in the form of reparations and the means
 
 5           of financing thereof;
 
 6      (3)  The provision of low-cost rental housing for elderly,
 
 7           low-income claimant beneficiaries; and
 
 8      (4)  Any combination of subsections (1), (2), (3), or any
 
 9           other proposal the commission deems appropriate.
 
10      (d)  The Hawaiian home lands trust individual claims
 
11 compensation commission may draw upon the expertise and
 
12 experience of those persons in the community, including
 
13 representatives of beneficiary groups and claimants, and
 
14 financial experts, bankers, and economists who are willing to
 
15 provide information and advice to the commission.
 
16      (e)  The Hawaiian home lands trust individual claims
 
17 compensation commission shall not be subject to the requirements
 
18 of chapters 91 and 92, Hawaii Revised Statutes, but may hold
 
19 public hearings to obtain public input.
 
20      (f)  The Hawaiian home lands trust individual claims
 
21 compensation commission shall submit a final report of its
 
22 findings and recommendations to the legislature not later than
 
23 twenty days prior to the convening of the regular session of
 

 
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 1 2002.
 
 2      (g)  The Hawaiian home lands trust individual claims
 
 3 compensation commission shall cease to exist on June 30, 2002.
 
 4      SECTION 8.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 9.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________