REPORT TITLE: 
Hawaiian Trust Lands


DESCRIPTION:
Extends the Hawaiian Home Lands Trust Individual Claims Review
Panel until December 31, 2002.  Establishes an Individual
Hawaiian Home Lands Trust Claims Compensation Commission to
develop funding options to compensate successful claimants.
(SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2110
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                
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                              PART I.
 
 2      SECTION 1.  Section 674-1, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "674-1 Purpose.  The purpose of this chapter is to
 
 5 establish a process under which individual beneficiaries under
 
 6 the Hawaiian home lands trust may resolve claims for actual
 
 7 damages arising out of or resulting from a breach of trust, which
 
 8 occurred between August 21, 1959, and June 30, 1988, and was
 
 9 caused by an act or omission of an employee of the State in the
 
10 management and disposition of trust resources:
 
11      (1)  By establishing a Hawaiian home lands trust individual
 
12           claims review panel which shall:
 
13           (A)  Receive, review, and evaluate the merits of an
 
14                individual beneficiary's claim;
 
15           (B)  Render findings and issue an advisory opinion
 
16                regarding the merits of each claim filed with the
 
17                panel, including an estimate of the probable award
 
18                of actual damages or recommended corrective action
 
19                that may be implemented to resolve each claim;
 

 
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 1           (C)  Prepare and transmit [a report to the governor and
 
 2                legislature, at least twenty days prior to the
 
 3                convening of each regular legislative session,
 
 4                and] a final report, at least twenty days prior to
 
 5                the convening of the [1997] 2002 regular
 
 6                legislative session, on the activities of the
 
 7                panel including a summary of each claim brought
 
 8                before the panel, the panel's findings and
 
 9                advisory opinion regarding the merits of each
 
10                claim, and an estimate of the probable
 
11                compensation or any recommended corrective action
 
12                for legislative action;
 
13           (D)  Disburse any compensation awarded by the
 
14                legislature in regular session or undertake other
 
15                actions as provided by law which are acceptable to
 
16                a claimant; and
 
17      (2)  By providing an individual beneficiary claimant the
 
18           right to bring an action to recover actual damages for
 
19           a breach of trust, in the circuit courts of the State
 
20           of Hawaii, if the action taken by the legislature in
 
21           regular session on each claim brought before the panel
 
22           is not acceptable to an individual beneficiary
 

 
 
 
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 1           claimant."
 
 2      SECTION 2.  Section 674-4, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "674-4 Tenure and compensation of members.  The term of
 
 5 office of each member of the panel shall be until December 31,
 
 6 [1999.] 2002.  Any member appointed to fill a vacancy shall be
 
 7 appointed by the governor for the remainder of the term.  A
 
 8 vacancy in the panel shall not affect its powers.
 
 9      Each member of the panel shall be compensated at the rate of
 
10 $100 per day for each day's actual attendance to the member's
 
11 duties; provided that the compensation shall not exceed a maximum
 
12 of $10,000 per year.  The members of the panel shall be paid
 
13 their necessary traveling and subsistence expenses incurred in
 
14 the discharge of their duties.  Expenses incurred under this
 
15 section shall be paid by the department of commerce and consumer
 
16 affairs."
 
17      SECTION 3.  Section 674-14, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "674-14  Annual report.  The panel shall prepare [a report
 
20 to be transmitted to the governor and to the legislature, at
 
21 least twenty days prior to the convening of the regular session
 
22 of 1998, and] a final report to be transmitted to the governor
 

 
 
 
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 1 and to the legislature, at least twenty days prior to the
 
 2 convening of the regular session of [1999,] 2002, which
 
 3 summarizes [its] the panel's activities in furtherance of this
 
 4 chapter, and shall include a summary of each claim brought before
 
 5 the panel, the panel's findings and advisory opinion regarding
 
 6 the merits of each claim, and an estimate of the probable
 
 7 compensation or recommended corrective action by the State, for
 
 8 action by the legislature in regular session."
 
 9      SECTION 4.  Section 674-17, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "674-17  Right to sue, individual claims.(a)  An
 
12 aggrieved individual claimant shall have the right to bring an
 
13 action, in accordance with this part, in the circuit courts of
 
14 the State for recovery of actual damages suffered by the claimant
 
15 arising out of or resulting from a breach of trust which occurred
 
16 between August 21, 1959, to June 30, 1988; provided that no
 
17 action shall be filed until after October 1, [1997.] 2002.
 
18      (b)  "Aggrieved individual claimant", as used in this
 
19 section, means an individual claimant whose claim was reviewed by
 
20 the panel under this chapter and who has filed, no later than
 
21 October 1, [1999,] 2002, a written notice with the panel that the
 
22 claimant does not accept the action taken by the legislature in
 

 
 
 
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 1 regular session upon the claim.  Any claimant who fails to file a
 
 2 written notice rejecting the action of the legislature upon the
 
 3 claim shall be deemed to have accepted the action taken by the
 
 4 legislature."
 
 5      SECTION 5.  Section 674-19, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "674-19  Limitation on actions.  Every claim cognizable
 
 8 under this part shall forever be barred unless the action is
 
 9 commenced by December 31, [1999.] 2002."
 
10                             PART II.
 
11      SECTION 6.  The purpose of this Part is to establish a
 
12 commission to evaluate funding mechanisms to compensate native
 
13 Hawaiian beneficiaries that have successfully asserted claims
 
14 against the State under chapter 674, Hawaii Revised Statutes.
 
15      SECTION 7.  (a)  There is established in the legislative
 
16 reference bureau for administrative purposes only, a Hawaiian
 
17 home lands trust individual claims compensation commission which
 
18 shall be comprised of seven voting members who shall be:
 
19      (1)  The director of budget and finance or the director's
 
20           designee;
 
21      (2)  The chairperson of the Hawaiian homes commission or the
 
22           chairperson's designee;
 

 
 
 
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 1      (3)  The chairperson of the Hawaiian home lands individual
 
 2           trust claims review panel or the chairperson's
 
 3           designee;
 
 4      (4)  A claimant who has successfully engaged the process
 
 5           established under chapter 674, Hawaii Revised Statutes,
 
 6           to resolve the claimant's individual claim of breach of
 
 7           the Hawaiian Home Lands Trust;
 
 8      (5)  A beneficiary of the Hawaiian home lands trust who is
 
 9           not a claimant under chapter 674, Hawaii Revised
 
10           Statutes; 
 
11      (6)  The president of the senate or the president's
 
12           designee; and
 
13      (7)  The speaker of the house of representatives or the
 
14           speaker's designee.
 
15      (b)  The governor shall appoint the members specified under
 
16 subsection (a)(4) and (5) to serve on the Hawaiian home lands
 
17 trust individual claims compensation commission from lists
 
18 submitted by the various Hawaiian homestead associations in the
 
19 State.  Any vacancy that may occur for a commission seat that was
 
20 appointed under subsection (a)(4) or (5) shall be filled in the
 
21 same manner that the replacement's predecessor was appointed.
 
22      (c)  The Hawaiian home lands trust individual claims
 

 
 
 
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 1 compensation commission shall develop proposals for alternative
 
 2 means of compensating claimants who have received a favorable
 
 3 ruling under the process established under chapter 674, Hawaii
 
 4 Revised Statutes.  The proposals may be formulated on an
 
 5 individual or class basis as deemed appropriate by the commission
 
 6 and shall include but not be limited to:
 
 7      (1)  Means of financing for claims against the State under
 
 8           chapter 674, Hawaii Revised Statutes;
 
 9      (2)  Compensation in the form of reparations and the means
 
10           of financing thereof;
 
11      (3)  The provision of low-cost rental housing for elderly,
 
12           low-income claimant beneficiaries; and
 
13      (4)  Any combination of paragraphs (1), (2), (3), or any
 
14           other proposal the commission deems appropriate.
 
15      (d)  The Hawaiian home lands trust individual claims
 
16 compensation commission may draw upon the expertise and
 
17 experience of those persons in the community, including
 
18 representatives of beneficiary groups and claimants, and
 
19 financial experts, bankers, and economists who are willing to
 
20 provide information and advice to the commission.
 
21      (e)  The Hawaiian home lands trust individual claims
 
22 compensation commission shall not be subject to the requirements
 

 
 
 
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 1 of chapters 91 and 92, Hawaii Revised Statutes, but may hold
 
 2 public hearings to obtain public input.
 
 3      (f)  The Hawaiian home lands trust individual claims
 
 4 compensation commission shall submit a final report of its
 
 5 findings and recommendations to the legislature not later than
 
 6 twenty days prior to the convening of the regular session of
 
 7 2002.
 
 8      (g)  The Hawaiian home lands trust individual claims
 
 9 compensation commission shall cease to exist on June 30, 2002.
 
10      SECTION 8.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 9.  This Act shall take effect on July 1, 2010.