STAND. COM. REP. NO. 683

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 235
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 235 entitled: 

     "A BILL FOR AN ACT RELATING TO THE HAWAIIAN HOMES
     COMMISSION,"

begs leave to report as follows:

     The purpose of this bill is to authorize the election of the
members of the Hawaiian Homes Commission (Commission) by Hawaiian
voters.

     Testimony in support of the measure was submitted by the
State Council of Hawaiian Homestead Associations, the Nanakuli
Hawaiian Homestead Community Association, the Waianae Kai
Homestead Association, the Ahupuaa O Molokai, State Council of
Hawaiian Homestead Association, and a number of private citizens.

     Testimony in general support of the intent of the measure
but expressing concerns with respect to certain provisions was
submitted by the Office of Hawaiian Affairs, the Department of
Hawaiian Home Lands, the Native Hawaiian Legal Corporation, and
the Waimea Hawaiian Homesteaders' Association, Inc. 

     Testimony in opposition to the portion of the measure which
authorizes the hiring of counsel was submitted by the Attorney
General.  Testimony in opposition to the measure was submitted by
a private citizen.


 
 
 
                                 STAND. COM. REP. NO. 683
                                 Page 2

 
     Comments on the measure were submitted by the Office of
Elections and the Kawaihae Hawaiian Homes Community Association.

     Your Committee finds that an elected Commission would, by
its very nature, support the concept of self-determination with
respect to this solemn and important trust.

     Your Committee has amended this measure by:

     (1)  Changing to nine the number of members of the
          Commission; 

     (2)  Redefining the geographical areas from which voters may
          choose their commissioners;

     (3)  Changing the method of determining the commissioners'
          compensation;

     (4)  Requiring the advice and consent of the Commission to
          the appointment of the director of the Hawaiian Home
          Lands;

     (5)  Giving the commissioners the authority to approve
          employment contracts for terms longer than six years;

     (6)  Redefining eligibility requirements for candidates for
          the Commission;

     (7)  Redefining eligibility requirements for voters in the
          election;

     (8)  Modifying the method for determining the initial terms
          of the Commissioners elected in 2000;

     (9)  Changing the method of filling a vacancy in the
          Commission; 

    (10)  Making the Department of Hawaiian Home Lands the
          responsible agency for verifying all qualifications
          imposed on candidates and voters; 

    (11)  Allowing the Commission, as opposed to the Department
          of Hawaiian Home Lands, to retain attorneys; 

    (12)  Providing an appropriation of $200,000 to defray the
          salaries, costs and expenses of the Commission; and

    (13)  Making technical, nonsubstantive amendments for
          purposes of style and clarity.

 
                                 STAND. COM. REP. NO. 683
                                 Page 3

 
     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 H.B. No. 235, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
235, 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,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair