Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 610, S.D. 2, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to authorize and fund a special master to recommend awards for timely filed claims undecided by the Hawaiian Homes Lands Trust Individual Claims Review Panel prior to its dissolution in 1999.

The Native Hawaiian Legal Corporation and the attorney for 2721 class members in Kalima v. State, Civil No. 99-4471-12VSM testified in support of this bill. A concerned citizen testified in support of the intent of this measure. The Attorney General testified in opposition to this bill. The Department of Hawaiian Home Lands submitted comments.

The legitimacy of claims based solely on the length of time an applicant waits to receive a homestead (pure "wait list" claims) was a subject of Committee discussion and concern. As expressed, it would have been totally impossible for the State to have accommodated all claims which would have been generated by all eligible native Hawaiians. It also appears to be unfair that payment should be rendered only to those on the waiting list and not to other eligible native Hawaiians who refrained from filing for many reasons, including the belief that pure wait list claims should not be honored. This question will continue to be addressed in the Committee on Finance.

To promote ongoing dialogue, your Committee has amended this measure by replacing its contents with proposed language that was contained in the testimony of the attorney for 2721 class members in Kalima v. State that was approved by the Native Hawaiian Legal Corporation. Technical, nonsubstantive amendments were made to this language for consistency and style. Your Committee has also inserted an effective date of December 31, 2049.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 610, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 610, S.D. 2, H.D. 2.