Report Title:

Hawaiian Trust Lands; Individual Claims Review Panel; Re-convened

Description:

Re-convenes the Hawaiian Home Lands Trust Individual Claims Review Panel until December 31, 2005. Requires the preparation and transmission of reports to the governor and the legislature to include a summary of claims filed and the panel's findings, opinions on the merits, and recommendations for action on each claim.

THE SENATE

S.B. NO.

383

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HAWAIIAN HOME LANDS TRUST INDIVIDUAL CLAIMS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 674-1, Hawaii Revised Statutes, is amended to read as follows:

"§674-1 Purpose. The purpose of this chapter is to establish a process under which individual beneficiaries under the Hawaiian home lands trust may resolve claims for actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and was caused by an act or omission of an employee of the State in the management and disposition of trust resources:

(1) By establishing a Hawaiian home lands trust individual claims review panel which shall:

(A) Receive, review, and evaluate the merits of an individual beneficiary's claim;

(B) Render findings and issue an advisory opinion regarding the merits of each claim filed with the panel, including an estimate of the probable award of actual damages or recommended corrective action that may be implemented to resolve each claim;

(C) Prepare and transmit a report to the governor and legislature, at least twenty days prior to the convening of each regular legislative session, and a final report, at least twenty days prior to the convening of the [1997] 2006 regular legislative session, on the activities of the panel including a summary of each claim brought before the panel, the panel's findings and advisory opinion regarding the merits of each claim, and an estimate of the probable compensation or any recommended corrective action for legislative action;

(D) Disburse any compensation awarded by the legislature in regular session or undertake other actions as provided by law which are acceptable to a claimant; and

(2) By providing an individual beneficiary claimant the right to bring an action to recover actual damages for a breach of trust, in the circuit courts of the State of Hawaii, if the action taken by the legislature in regular session on each claim brought before the panel is not acceptable to an individual beneficiary claimant."

SECTION 2. Section 674-4, Hawaii Revised Statutes, is amended to read as follows:

"§674-4 Tenure and compensation of members. The term of office of each member of the panel shall be until December 31, [1999.] 2005. Any member appointed to fill a vacancy shall be appointed by the governor for the remainder of the term. A vacancy in the panel shall not affect its powers.

Each member of the panel shall be compensated at the rate of $100 per day for each day's actual attendance to the member's duties; provided that the compensation shall not exceed a maximum of $10,000 per year. The members of the panel shall be paid their necessary traveling and subsistence expenses incurred in the discharge of their duties. Expenses incurred under this section shall be paid by the department of commerce and consumer affairs."

SECTION 3. Section 674-14, Hawaii Revised Statutes, is amended to read as follows:

"§674-14 Annual report. The panel shall prepare a report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening of the regular session of 1998, and a final report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening of the regular session of [1999,] 2006, which summarizes [its] the panel's activities in furtherance of this chapter, and shall include a summary of each claim brought before the panel, the panel's findings and advisory opinion regarding the merits of each claim, and an estimate of the probable compensation or recommended corrective action by the State, for action by the legislature in regular session."

SECTION 4. Section 674-17, Hawaii Revised Statutes, is amended to read as follows:

"§674-17 Right to sue, individual claims. (a) An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the State for recovery of actual damages suffered by the claimant arising out of or resulting from a breach of trust which occurred between August 21, 1959, to June 30, 1988; provided that no action shall be filed until after October 1, [1997.] 2005.

(b) "Aggrieved individual claimant", as used in this section, means an individual claimant whose claim was reviewed by the panel under this chapter and who has filed, no later than October 1, [1999,] 2005, a written notice with the panel that the claimant does not accept the action taken by the legislature in regular session upon the claim. Any claimant who fails to file a written notice rejecting the action of the legislature upon the claim shall be deemed to have accepted the action taken by the legislature."

SECTION 5. Section 674-19, Hawaii Revised Statutes, is amended to read as follows:

"§674-19 Limitation on actions. Every claim cognizable under this part shall forever be barred unless the action is commenced by December 31, [1999.] 2005."

SECTION 6. The governor shall appoint members to the Hawaiian home lands trust individual claims review panel pursuant to Section 674-3, Hawaii Revised Statutes, not later than December 31, 2003.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

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