STAND. COM. REP. 500

Honolulu, Hawaii

, 2003

RE: H.B. No. 1299

 

 

 

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 H.B. No. 1299 entitled:

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

begs leave to report as follows:

The purposes of this bill are twofold. The bill:

(1) Defines "public land trust" to clarify the lands that comprise the public land trust under chapter 10, Hawaii Revised Statutes; and

(2) Defines "revenue" to clarify what constitutes revenues derived from the public land trust to enable more accurate determination of the pro rata share of public land trust revenues that shall be transferred to the Office of Hawaiian Affairs for the purpose of the betterment of the conditions of native Hawaiians, as defined in chapter 10, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs. Your Committee also received testimony from the Attorney General in support of the purpose of the bill, but expressing some concerns and proposing the need for various amendments. One individual offered amendments to the bill.

Your Committee finds that passage of H.B. No. 1299 is essential to ensure proper and just compliance of the State's constitutionally mandated trust obligations to native Hawaiians. Moreover, it complies with the recent Hawaii Supreme Court admonition, wherein the Court stated:

Given our disposition of this case, and the context of its complexity, we would do a disservice to all parties involved if we did not acknowledge that the State's obligation to native Hawaiians is firmly established in our constitution. How the State satisfies that constitutional obligation requires policy decisions that are primarily within the authority and expertise of the legislative branch. As such, it is incumbent upon the legislature to enact legislation that gives effect to the right of native Hawaiians to benefit from the ceded lands trust.

... [A]s we continue to struggle with giving effect to that enactment, we trust that the legislature will re-examine the State's constitutional obligation to native Hawaiians and the purpose of HRS section 10-13.5 and enact legislation that most effectively and responsibly meets those obligations.

Office of Hawaiian Affairs vs. State of Hawai`i, 96 Haw. 388, 31 P.3d 901 (2001).

Your Committee understands and appreciates the concerns of the Attorney General, particularly with regard to litigation that may be "spawned" or filed as a result of the enactment of this bill. While enactment may conceptually facilitate the reassertion of various ceded land claims by the Office of Hawaiian Affairs, it is not the intent or purpose of your Committee to encourage this type of litigation.

Rather, passage of H.B. No. 1299 is intended to assist the State in fulfilling its constitutionally mandated trust obligations to native Hawaiians and to responsibly carry out the instruction of the Hawaii Supreme Court. Finally, your Committee finds that passage of H.B. No. 1299 will enhance trust and facilitate cooperation and discussions between the State and the Office of Hawaiian Affairs towards achieving a fair and just resolution to issues involving the public land trust.

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 H.B. No. 1299 and recommends that it pass Second Reading 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