Report Title:

Hawaiian Home Lands Trust Claims; Court-Appointed Special Master

Description:

Replaces the individual claims review panel with a court-appointed special master to expedite the settlement of remaining Hawaiian Home Lands trust claims. (SB610 HD1)

THE SENATE

S.B. NO.

610

TWENTY-SECOND LEGISLATURE, 2003

S.D. 2

STATE OF HAWAII

H.D. 2


 

A BILL FOR AN ACT

 

RELATING TO INDIVIDUAL CLAIMS RESOLUTION UNDER THE HAWAIIAN HOME LANDS TRUST.

 

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

Section 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

SPECIAL MASTER FOR INDIVIDUAL CLAIMS RESOLUTION UNDER THE HAWAIIAN HOME LANDS TRUST

§ -1 Purpose. The purpose of this chapter is to appoint a special master to review, evaluate, and recommend damages for each individual beneficiary claim filed with the chapter 674 Hawaiian home lands trust individual claims review panel prior to its expiration on December 31, 1999, that has not been recommended for an award or rejected.

§ -2 Special master to resolve claims; appointment. (a) The department of Hawaiian Home Lands shall apply to the Circuit Court judge in Kalima et al. V. State of Hawai'i et al., Civil No. 99-4771-12 VSM, for appointment of a special master pursuant to this chapter and shall request that the court make the appointment no later than August 1, 2003.

(b) The application under subsection (a) shall be solely for the purpose of appointing a special master, who will determine beneficiaries' claims as set forth in this chapter. No other issues shall be presented to the court.

(c) The court in its discretion may issue orders consistent with this chapter to guide the work of the special master.

(d) The special master shall be compensated in an amount to be determined by the court and paid from general funds and shall be exempt from chapters 76 and 89.

§ -3 Duties of the special master. The special master shall review and evaluate each individual beneficiary claim filed with the chapter 674 Hawaiian home lands trust individual claims review panel prior to its expiration on December 31, 1999, that has not been recommended for an award or rejected. The special master shall:

(1) Determine the damages, if any, for an individual beneficiary's claim based upon a methodology derived from a review of the recommendations made in claims previously decided by the Hawaiian home lands trust individual claims review panel;

(2) Maintain a record consisting of a summary of claims brought before the special master, the findings and recommendation regarding the merits of each claim, and an explanation of the methodology used to derive the compensation for each claim;

(3) Prepare and transmit a report to the governor and legislature, at least twenty days prior to the convening of the 2004 regular legislative session, on the activities of the special master, including an estimate of the total amount of probable compensation and any recommended corrective action by the State, for action by the legislature;

(4) Prepare and transmit a copy of the report to the circuit court for use at the discretion of the court; and

(5) Disburse compensation, if any, appropriated by the legislature in regular session.

The special master may consolidate claims for review.

§ -4 Effect on pending class action or other litigation. Neither the appointment of a special master nor settlement of individual claims pursuant to this chapter shall terminate or otherwise limit the class action in Kalima et al. v. State of Hawai'i et al., Civil No. 99-4771-12 or any other action filed under chapter 674 before December 31, 1999; provided that the damages awarded in the class action, if any, shall not duplicate damages recommended by the special master and disbursed to an individual claimant pursuant to legislative appropriation.

§ -5 Immunity of special master from liability. The special master shall not be liable in damages for libel, slander, or other defamation of character of any party to a special master proceeding for any action taken or any opinion, conclusion, finding, or recommendation made by the special master while acting within the special master's capacity under this chapter.

SECTION 2. This act shall take effect on December 31, 2049.