STAND. COM. REP. NO.1519

Honolulu, Hawaii

, 2003

RE: S.C.R. No. 135

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs and Water, Land, and Agriculture, to which was referred S.C.R. No. 135 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING AN AUDIT OF THE DEPARTMENT OF HAWAIIAN HOME LANDS AND THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO ENSURE PROMPT COMPLIANCE WITH ACT 150, SESSION LAWS OF HAWAII 1990,"

beg leave to report as follows:

The purpose of this measure is to request that the Auditor conduct an audit of the Department of Hawaiian Home Land's (DHHL) and the Department of Land and Natural Resource's (DLNR) compliance with Act 150, 1990 Session Laws of Hawaii.

Testimony in support of this measure was received from an attorney and a concerned citizen. The Department of Hawaiian Home Lands and three concerned citizens opposed the measure. The Board of Land and Natural Resources and a concerned citizen provided comments.

Your Committees finds that Act 150, 1990 Session Laws of Hawaii, was enacted to effectuate the disposition of Kalawahine lands. Pursuant to Act 150, DLNR was authorized to enter into leases not to exceed sixty-five years with persons meeting certain criteria. Moreover, qualifying persons could elect to have their land transferred to DHHL and then obtain a lease for the land in accordance with section 208 of the Hawaiian Homes Commission Act, 1920, as amended. In 2000, ten years after the enactment of Act 150, DHHL issued four leases and DLNR issued one lease. The issuance and denial of leases has led to two lawsuits, one pending before the Hawaii Supreme Court.

Your Committees' intent in passing this Concurrent Resolution is to address certain allegations regarding DHHL and DLNR conduct and the procedures employed in reviewing Act 150 claims and awarding the associated leases. This measure is not intended to disturb the leases already issued. Your Committee amended the measure by:

(1) Amending the title to read: REQUESTING AN AUDIT OF THE DEPARTMENT OF HAWAIIAN HOME LANDS AND THE DEPARTMENT OF LAND AND NATURAL RESOURCES REGARDING COMPLIANCE WITH ACT 150, SESSION LAWS OF HAWAII 1990;

(2) Limiting the audit to DHHL and DLNR past processes and procedures in complying with Act 150;

(3) Clarifying that the scope of the audit does not include review of leases already issued by the DHHL and DLNR;

(4) Deleting the requirement that the Auditor provide implementing legislation with its report to the legislature;

(5) Deleting the requirement that the Auditor's report include recommendations for corrective action that could have been taken in retrospect to avoid the pending litigation and that would avoid potential future litigation; and

(6) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Water, Land, and Agriculture that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 135, as amended herein, and recommend its adoption in the form attached hereto as S.C.R. No. 135, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committees on Judiciary and Hawaiian Affairs and Water, Land, and Agriculture,

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LORRAINE R. INOUYE, Chair

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COLLEEN HANABUSA, Chair