THE SENATE                           S.C.R. NO.            207
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

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



 1        WHEREAS, Chapter 674, Hawaii Revised Statutes (HRS),
 2   established a process to resolve individual claims of breaches
 3   of the Hawaiian Home Lands Trust which occurred between
 4   August 21, 1959, and June 30, 1988; and
 5   
 6        WHEREAS, 2,752 native Hawaiian beneficiaries of the
 7   Hawaiian Home Lands Trust filed their claims with the Hawaiian
 8   Claims Office, as established by Chapter 674, HRS, by the
 9   statutory deadline of August 30, 1995; and
10   
11        WHEREAS, 418 claimants completed the Hawaiian Home Lands
12   Individual Claims Review Process as established under Chapter
13   674, HRS, and received favorable recommendations from the
14   Individual Claims Review Panel, some of whom have been waiting
15   since 1997 for legislative approval of their damages awards;
16   and
17   
18        WHEREAS, another 1,376 claimants were still waiting for
19   their claims to be processed when Governor Cayetano vetoed
20   legislation that would have extended the life of the Hawaiian
21   Claims Office for one more year to complete its work; and
22   
23        WHEREAS, although they were not responsible for any delay
24   in the processing of their claims, claimants were forced to go
25   to circuit court by December 31, 1999, in order to preserve
26   their claims because the State failed to timely process and/or
27   award them compensation; and
28   
29        WHEREAS, claimants, who faithfully and patiently fulfilled
30   all the requirements set forth in Chapter 674, HRS, in order to
31   process their claims and have now been waiting up to six years
32   for any resolution of their claims, must now endure a lengthy
33   and costly court battle with the State; and
34   

 
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                                  S.C.R. NO.            207
                                                        
                                                        

 
 1        WHEREAS, currently, a case entitled Kalima v. State of
 2   Hawaii, Civil No. 99-4771-12 VSM, is pending in the First
 3   Circuit Court on this very matter; and
 4   
 5        WHEREAS, continued and protracted litigation will not only
 6   adversely affect the interests of the claimants, but also force
 7   the State to incur significant litigation costs and attorneys'
 8   fees regardless of the outcome of the litigation; now,
 9   therefore,
10   
11        BE IT RESOLVED by the Senate of the Twentieth Legislature
12   of the State of Hawaii, Regular Session of 2000, the House of
13   Representatives concurring, that the Attorney General is urged
14   to amicably and informally resolve, through negotiation and
15   settlement, Kalima v. State of Hawaii, Civil No. 99-4771-12
16   VSM, pending in the First Circuit Court; and
17   
18        BE IT FURTHER RESOLVED that certified copies of this
19   Concurrent Resolution be transmitted to the Governor, the
20   Attorney General, the Hawaiian Homes Commission, the Native
21   Hawaiian Legal Corporation, and the State Council of Hawaiian
22   Homestead Associations.
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26                         OFFERED BY:  ____________________________