STAND. COM. REP. NO.1180

Honolulu, Hawaii

, 2003

RE: H.B. No. 1300

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1300, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE BUDGET OF THE OFFICE OF HAWAIIAN AFFAIRS,"

begs leave to report as follows:

The purpose of this measure is to provide for the biennium budget of the Office of Hawaiian Affairs (OHA).

Testimony in support of this measure was received from OHA and one individual. Testimony in opposition was received from Ka Lahui Hawaii.

Your Committee finds that while use of funds from the public land trust for the betterment of native Hawaiians remains a paramount concern to the people of Hawaii, the beneficiaries of those public land trust revenues represent less than a majority of Hawaiians. The betterment of the conditions of Hawaiians, as generally defined in section 10-2, Hawaii Revised Statutes, is also a vital public purpose and for the Office of Hawaiian Affairs to carry out its mandated purpose, an appropriation of general funds is necessary.

Your Committee further finds that it is consistent with the constitutional and statutory mandate given to the Office of Hawaiian Affairs that the Legislature provide funding for programs and the cost of administering such programs to the Office of Hawaiian Affairs. The general fund appropriations called for herein is intended to be supplemented with trust funds administered by the Office of Hawaiian Affairs.

Your Committee notes the testimony of OHA that the ceded land revenues of 20 per cent from the public lands trust to benefit "native Hawaiians" are not sufficient to accomplish the objectives set out for OHA by the State Constitution and chapter 10, Hawaii Revised Statutes, to provide services to "Hawaiians". The reasons for this are twofold: (1) the ongoing dispute with the State concerning the revenues to be transferred to OHA, and (2) the restriction on the use of the pro rata share of ceded land revenues mandated by the Admissions Act that created the public lands trust to programs that benefit "native Hawaiians".

Your Committee has amended this measure on recommendation of OHA by deleting its contents and inserting the contents of the Senate companion measure S.B. No. 1150, which differs as follows:

(1) Contains a purpose section;

(2) Does not contain a section that establishes a title for the Appropriations Act;

(3) Restores OHA's program appropriation amounts that were contained in OHA's original budget request; and

(4) Adds a proviso that the State shall fund the costs of wages and fringe benefits for employees.

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. 1300, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1300, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair