STAND. COM. REP. NO.2167

Honolulu, Hawaii

, 2002

RE: S.B. No. 2476

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred S.B. No. 2476 entitled:

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

begs leave to report as follows:

The purpose of this measure is to provide interim revenue to the Office of Hawaiian Affairs (OHA).

Testimony in support of the measure was received from the OHA, Association of Hawaiian Clubs, and a private individual. Your Committee heard testimony in opposition to the measure from three private individuals.

Your Committee finds that a September, 2001, Hawaii Supreme Court decision effectively cut off ceded land revenue to OHA mandated by the State Constitution. This measure provides funds to allow OHA to continue its mission until such time as a more lasting and comprehensive settlement can be worked out.

Your Committee has amended the measure by:

(1) Adding a definition of "public land trust" to Chapter 10, Hawaii Revised Statutes;

(2) Deleting references to "pro rata" in sections 10-3 and 10-5, Hawaii Revised Statutes;

(3) Making technical, nonsubstantive amendments to section 10-13.5, Hawaii Revised Statutes, for the purpose of style;

(4) Adding a new section to Chapter 10, Hawaii Revised Statutes, that requires OHA to annually report to the Governor and the Legislature on how land trust proceeds are expended; and

(5) Making other technical, nonsubstantive amendments for the purpose of clarity and style.

The amendments made by your Committee are a restoration of certain provisions of Act 304, Session Laws of Hawaii 1990, the entirety of which was repealed due to the Hawaii Supreme Court's ruling in Office of Hawaiian Affairs v. State of Hawaii, 96 Haw. 388, 31 P.3d 901 (2001).

Your Committee believes that the amended measure will assist OHA in effectuating its intended purpose until such time that the issues regarding how much is owed and the propriety of paying ceded land revenues to OHA are finally resolved.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2476, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2476, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

JONATHAN CHUN, Chair