STAND. COM. REP. NO. 1016-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2110
                                     S.D. 2
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 2110, S.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO HAWAIIAN HOME LANDS TRUST
     INDIVIDUAL CLAIMS,"

begs leave to report as follows:

     The purpose of this bill is to expedite the resolution of
individual claims filed with the Hawaiian Home Lands Trust
Individual Claims Resolution Panel.

     Testimony in support of this bill was provided by a
concerned individual.  Testimony in support of the intent of this
bill was provided by the State Attorney General.  Testimony in
opposition to this bill was provided by the Native Hawaiian Legal
Corporation, the State Council of Hawaiian Homestead
Associations, and an attorney on behalf of his clients in two
cases being litigated in state circuit court and federal district
court.  The State of Hawaii Department of Hawaiian Homelands, the
Legislative Reference Bureau, and the Office of Information
Practices commented on this bill.

     Your Committee acknowledges that a single measure will not
entirely or finally resolve the deep-rooted issues confronting
beneficiaries of the Hawaiian Home Lands Trust.  In fact, many
believe that at this point, the best and only recourse is for
claimants to litigate their claims in court.  In this respect,
your Committee wishes to retain this bill merely as a vehicle in

 
 
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                                 Page 2

 
the event that the State and beneficiaries are able to resolve
their disputes during the course of this legislative session.

     Accordingly, your Committee has amended this bill by
deleting its contents and replacing it with that portion of the
content of H.B. 1675, C.D. 1 that creates a Hawaiian Home Lands
Individual Claims Compensation Commission to investigate various
ways to compensate claimants who received a favorable ruling
under the process established under chapter 674.  Again, your
Committee emphasizes that this language was inserted only to
ensure that a vehicle remain in place.  The language contained in
this H.D. 1 carries very little weight and should not be
construed as legislative intent with respect to any matter. 

     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 is in accord with the intent and
purpose of S.B. No. 2110, S.D. 2, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 2110, S.D. 2, H.D. 1, and be referred to the
Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair