Hawaii Senate Bill SCR112

Hawaii 2022 Regular Session

• Introduced: 3/11/22
• Refer: 3/16/22

Caption

Urging The Governor To Comply With The Hawaii Supreme Court Ruling In Kalima V. State Of Hawaii And Stop Opposing The Payment Of Damages To Beneficiaries Harmed By The State's Breach Of Trust.

Impact

The resolution highlights the legal history of the Kalima case, which, since its initiation as a class action in 1999, has revealed substantial mismanagement by the State. It underscores the Hawaii Supreme Court's findings that the State failed in its duties as a trustee to manage the Hawaiian Home Lands Trust effectively. This continuation of litigation has resulted in over 4,000 claims remaining unresolved, causing financial and emotional distress to the affected beneficiaries. SCR112 seeks to expedite the resolution of these claims in favor of the beneficiaries, thereby helping rectify past injustices.

Context

The bill firmly places accountability on the State in light of the historical mismanagement that has been documented through legal proceedings. With multiple court rulings affirming the beneficiaries' rights and the State's failures, SCR112 serves as a formal appeal to facilitate necessary changes, thereby ensuring that the principles of justice and trust are upheld in the administration of the Hawaiian Home Lands Trust.

Summary

SCR112 is a Senate Concurrent Resolution urging the Governor of Hawaii to comply with the Hawaii Supreme Court ruling related to the case of Kalima v. State of Hawaii. The resolution seeks to end the State's opposition against paying damages owed to beneficiaries due to the State's breach of trust regarding the administration of the Hawaiian Home Lands Trust. Established in 1991, the Hawaiian Home Lands Trust intended to provide native Hawaiian beneficiaries with the opportunity to claim homes, but numerous delays and legal complications have hindered the process significantly.

Contention

Notably, the bill has sparked debate regarding its implications on governmental responsibility and accountability. Supporters argue that complying with the court ruling will provide much-needed relief to beneficiaries who have faced prolonged hardships. However, critics may question the fiscal implications and the challenges of quickly resolving the outstanding claims, especially considering the historical context which involves complex legal frameworks and bureaucratic decisions. Ultimately, SCR112 represents a significant step toward addressing these urgent issues and demands action from the State.