Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred S.C.R. No. 155, S.D. 1, entitled:

begs leave to report as follows:

The purpose of the measure is to urge the Governor to direct the Department of Hawaiian Home Lands to file a motion in court for the appointment of an impartial special master to fairly and expeditiously complete the assessment and settlement of native Hawaiian individual trust claims.

Your Committee finds that in 1991, the legislature established the Hawaiian Home Lands Trust Individual Claims Review Panel (Claims Review Panel) to review claims and make recommendations to the legislature for compensation to redress wrongs for breaches of trust. Because the claims review Panel had not furnished addressing all claims, the legislature extended the Panel's sunset date several times until Governor Cayetano vetoed the Claims Review Panel's extension bill in 1999.

During the Panel's existence, 2721 claims were received of which settlement was reached on 469 claims while rejecting 874 claims. There remains 1376 claims unreviewed. The remaining claimants' only option was to file a lawsuit to preserve their claims for compensation.

The Attorney General's Office, Department of Hawaiian Home Lands, and Law firm of Davis, Levin, Livingston & Grande provided testimony in support of this measure.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 155, S.D. 1, and recommends that it be referred to the Committee on Finance.