STAND. COM. REP. 1132

Honolulu, Hawaii

, 2003

RE: S.B. No. 1151

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred S.B. No. 1151 entitled:

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

begs leave to report as follows:

The purpose of this bill is to clarify the definitions of "public land trust" and "revenues" under chapter 10, Hawaii Revised Statutes (HRS) relating to the Office of Hawaiian Affairs (OHA), and to conform certain provisions of chapter 10, HRS, to the definitions established by this bill.

Specifically, this bill:

(1) Defines "public land trust" to mean, in general, those lands which were ceded to the United States by the Republic of Hawaii and later conveyed to the State; and

(2) Defines "revenue" to mean, in general, all proceeds, fees, charges, rents or other income derived from any sale, lease, license, permit, or other similar proprietary disposition, permitted use, or activity that is situated upon and results from the actual use of lands comprising the public land trust, with certain exclusions.

OHA supported this bill. The Department of the Attorney General and the Hawaiian Political Action Council of Hawaii supported the intent of this bill.

Your Committee's discussion with the Deputy Attorney General concluded that this bill is not required to authorize continuing voucher payments to OHA, but is needed to:

(1) Provide legislative clarification in resolving perceived statutory inconsistencies concerning the source and calculation of Public Trust revenues;

(2) Reestablish the continued funding of OHA; and

(3) Fulfill the mandate of the Hawaii State Constitution.

Your Committee has amended this measure by:

(1) Deleting the amendments to section 10-13.5, HRS, that conform this section to the provisions of this bill by clarifying that 20 percent of all revenue derived from the public land trust shall be expended by OHA for the betterment of the conditions of native Hawaiians; and

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

Your Committee notes that the amendment in (1) was included in this bill as reported out of your Committee with the intent of discussing this issue in Conference. Your Committee also intends to discuss the issue of the appropriateness of exempting revenues derived from the exercise of "sovereign" functions and powers in Conference as well.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1151, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1151, H.D. 1, and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair