PART I. 
PURPOSE AND DEFINITIONS



 



§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 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. [L 1991, c 323, pt of §1; am
L 1993, c 351, §1]