Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.R. No. 103 entitled:

begs leave to report as follows:

The purpose of this 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.

Testimony in support of this measure was received from the Office of Hawaiian Affairs, Ka Lahui Hawaii, and two attorneys. The Department of Hawaiian Home Lands opposed the measure, and the Attorney General supported the intent of the measure and proposed amendments.

Your Committee finds that the Hawaiian Homes Commission Act of 1920 set aside lands for homesteading and rehabilitation of native Hawaiians. 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 finished addressing all claims, the legislature extended the Panel's sunset date several times. In 1999, however, Governor Cayetano vetoed the Claims Review Panel's extension bill. During the Claims Review Panel's existence, 2,721 claims were received. Of those claims, the Claims Review Panel recommended settlement on 469 claims, rejection of 874 claims, and left 1,376 claims unreviewed. These remaining claimants' only option was to file a law suit to preserve their claims for compensation.

Testimony received from parties on both sides of the litigation indicate that progress has been made in resolving the remaining claims issue. Therefore, your Committee amended the measure by:

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 103, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 103, S.D. 1.