REPORT TITLE: 
Hawaiian Trust Lands


DESCRIPTION:
Extends the time to process individual Hawaiian homelands trust
claims.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1675        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
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      SECTION 1. Section 674-1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "674-1 Purpose.  The purpose of this chapter is to
 
 4 establish a process under which individual beneficiaries under
 
 5 the Hawaiian home lands trust may resolve claims for actual
 
 6 damages arising out of or resulting from a breach of trust, which
 
 7 occurred between August 21, 1959, and June 30, 1988, and was
 
 8 caused by an act or omission of an employee of the State in the
 
 9 management and disposition of trust resources:
 
10      (1)  By establishing a Hawaiian home lands trust individual
 
11           claims review panel which shall:
 
12           (A)  Receive, review, and evaluate the merits of an
 
13                individual beneficiary's claim;
 
14           (B)  Render findings and issue an advisory opinion
 
15                regarding the merits of each claim filed with the
 
16                panel, including an estimate of the probable award
 
17                of actual damages or recommended corrective action
 
18                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, and
 
 4                a final report, at least twenty days prior to the
 
 5                convening of the [1997] 2001 regular legislative
 
 6                session, on the activities of the panel including
 
 7                a summary of each claim brought before the panel,
 
 8                the panel's findings and advisory opinion
 
 9                regarding the merits of each claim, and an
 
10                estimate of the probable compensation or any
 
11                recommended corrective action for legislative
 
12                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
 
23           claimant."
 

 
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 1      SECTION 2.  Section 674-4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "674-4 Tenure and compensation of members.  The term of
 
 4 office of each member of the panel shall be until December 31,
 
 5 [1999.] 2001.  Any member appointed to fill a vacancy shall be
 
 6 appointed by the governor for the remainder of the term.  A
 
 7 vacancy in the panel shall not affect its powers.
 
 8      Each member of the panel shall be compensated at the rate of
 
 9 $100 per day for each day's actual attendance to the member's
 
10 duties; provided that the compensation shall not exceed a maximum
 
11 of $10,000 per year.  The members of the panel shall be paid
 
12 their necessary traveling and subsistence expenses incurred in
 
13 the discharge of their duties.  Expenses incurred under this
 
14 section shall be paid by the department of commerce and consumer
 
15 affairs."
 
16      SECTION 3.  Section 674-14, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "674-14  Annual report.  The panel shall prepare a report
 
19 to be transmitted to the governor and to the legislature, at
 
20 least twenty days prior to the convening of the regular session
 
21 of [1998,] 2000, and a final report to be transmitted to the
 
22 governor and to the legislature, at least twenty days prior to
 

 
 
 
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 1 the convening of the regular session of [1999,] 2001, which
 
 2 summarizes its activities in furtherance of this chapter, and
 
 3 shall include a summary of each claim brought before the panel,
 
 4 the panel's findings and advisory opinion regarding the merits of
 
 5 each claim, and an estimate of the probable compensation or
 
 6 recommended corrective action by the State, for action by the
 
 7 legislature in regular session."
 
 8      SECTION 4.  Section 674-17, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "674-17  Right to sue, individual claims.(a)  An
 
11 aggrieved individual claimant shall have the right to bring an
 
12 action, in accordance with this part, in the circuit courts of
 
13 the State for recovery of actual damages suffered by the claimant
 
14 arising out of or resulting from a breach of trust which occurred
 
15 between August 21, 1959, to June 30, 1988; provided that no
 
16 action shall be filed until after October 1, [1997.] 2001.
 
17      (b)  "Aggrieved individual claimant", as used in this
 
18 section, means an individual claimant whose claim was reviewed by
 
19 the panel under this chapter and who has filed, no later than
 
20 October 1, [1999,] 2001, a written notice with the panel that the
 
21 claimant does not accept the action taken by the legislature in
 
22 regular session upon the claim.  Any claimant who fails to file a
 

 
 
 
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 1 written notice rejecting the action of the legislature upon the
 
 2 claim shall be deemed to have accepted the action taken by the
 
 3 legislature."
 
 4      SECTION 5.  Section 674-19, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "674-19  Limitation on actions.  Every claim cognizable
 
 7 under this part shall forever be barred unless the action is
 
 8 commenced by December 31, [1999.] 2001."
 
 9      SECTION 6.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 7.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY:  _______________________