STAND. COM. REP. NO. 3446

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.C.R. No. 207
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred
S.C.R. No. 207, S.D. 1, entitled:

     "SENATE CONCURRENT RESOLUTION URGING THE ATTORNEY GENERAL
     AND PLAINTIFFS TO AMICABLY AND INFORMALLY RESOLVE, THROUGH
     MEDIATION, NEGOTIATION, AND SETTLEMENT, KALIMA V. STATE OF
     HAWAII, CIVIL NO. 99-4771-12 VSM, PENDING BEFORE THE FIRST
     CIRCUIT COURT,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to urge the
Attorney General and the plaintiffs in the case of Kalima v.
State of Hawaii to informally resolve this action.

     The Legislature adopted chapter 674, Hawaii Revised Statutes
-- to resolve individual claims for breaches of the Hawaiian Home
Lands trust occurring prior to June 30, 1988.  Over twenty-seven
hundred claimants timely filed their claims, but only four
hundred eighteen were able to complete the process before the
time period for the claims office expired.  This forced the
remainder of the claimants to go to court to preserve their
claims.  One such case is Kalima v. State of Hawaii.  Your
Committee finds that continued and protracted litigation will
cause the State to incur significant legal costs and will
adversely affect the interests of the claimants.  Resolving the
issue through negotiation and settlement will be in the best
interests of all concerned.

 
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                                   STAND. COM. REP. NO. 3446
                                   Page 2


     Your Committee has amended the measure by clarifying the
history of the claims process in the sixth whereas clause for the
purposes of historical accuracy.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee concurs with the intent and purpose of S.C.R. No. 207,
S.D. 1, as amended herein, and recommends its adoption in the
form attached hereto as S.C.R. No. 207, S.D. 2.

                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
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