REPORT TITLE:
Hawaiian Home Lands Trust


DESCRIPTION:
Establishes the Individual Hawaiian Home Lands Trust Claims
Compensation Commission to develop funding options to compensate
successful claimants. (HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2110
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 1
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      SECTION 1.  The purpose of this Act is to establish a
 
 2 commission to evaluate funding mechanisms to compensate native
 
 3 Hawaiian beneficiaries that have successfully asserted claims
 
 4 against the State under chapter 674, Hawaii Revised Statutes.
 
 5      SECTION 2.  (a)  There is established in the legislative
 
 6 reference bureau for administrative purposes only, a Hawaiian
 
 7 home lands trust individual claims compensation commission which
 
 8 shall be comprised of seven voting members who shall be:
 
 9      (1)  The director of budget and finance or the director's
 
10           designee;
 
11      (2)  The chairperson of the Hawaiian homes commission or the
 
12           chairperson's designee;
 
13      (3)  The chairperson of the Hawaiian home lands individual
 
14           trust claims review panel or the chairperson's
 
15           designee;
 
16      (4)  A claimant who has successfully engaged the process
 
17           established under chapter 674, Hawaii Revised Statutes,
 
18           to resolve the claimant's individual claim of breach of
 
19           the Hawaiian Home Lands Trust;
 

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

 
 
 
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                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        
 1      (2)  Compensation in the form of reparations and the means
 
 2           of financing thereof;
 
 3      (3)  The provision of low-cost rental housing for elderly,
 
 4           low-income claimant beneficiaries; and
 
 5      (4)  Any combination of paragraphs (1), (2), (3), or any
 
 6           other proposal the commission deems appropriate.
 
 7      (d)  The Hawaiian home lands trust individual claims
 
 8 compensation commission may draw upon the expertise and
 
 9 experience of those persons in the community, including
 
10 representatives of beneficiary groups and claimants, and
 
11 financial experts, bankers, and economists who are willing to
 
12 provide information and advice to the commission.
 
13      (e)  The Hawaiian home lands trust individual claims
 
14 compensation commission shall not be subject to the requirements
 
15 of chapters 91 and 92, Hawaii Revised Statutes, but may hold
 
16 public hearings to obtain public input.
 
17      (f)  The Hawaiian home lands trust individual claims
 
18 compensation commission shall submit a final report of its
 
19 findings and recommendations to the legislature not later than
 
20 twenty days prior to the convening of the regular session of
 
21 2002.
 
22      (g)  The Hawaiian home lands trust individual claims
 
23 compensation commission shall cease to exist on June 30, 2002.
 
24      SECTION 3.  This Act shall take effect on           .