STAND. COM. REP. NO.1215

Honolulu, Hawaii

, 2003

RE: H.B. No. 1307

H.D. 1

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 Ways and Means, to which was referred H.B. No. 1307, H.D. 1, 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 appropriate funds from the general fund and certain special funds for deposit into the Office of Hawaiian Affairs' public land trust proceeds trust fund.

The appropriation of these funds represents twenty per cent of the receipts for the use of lands in the public trust that were not transferred to the Office of Hawaiian Affairs after the 2001 decision in OHA v. State, 96 Hawaii 388 (2001). In that case, the Hawaii Supreme Court found that the existing state statute in part violated federal law and that, by the state statute's own terms, it was repealed. During the interim between that decision and the present, no moneys from the public trust have been transferred to the Office.

Your Committee finds that the State is willing to accept its constitutional obligation regarding the use of the public land trust. Your Committee also finds that the appropriations in this bill will fulfill the State's constitutional obligation to native Hawaiians for this interim period.

Your Committee has amended this bill by:

(1) Amending the name of the "parking control revolving fund" to the correct reference, the "state parking revolving fund";

(2) Deleting the reference to the Na Ala Hele special fund, as its funds have been deposited into the special land and development fund;

(3) Adjusting the appropriation from the special land and development fund from $139,056 to $157,322;

(4) Adjusting the appropriation from the state parks special fund from $456,124 to $455,422; and

(5) Making technical, nonsubstantive amendments.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1307, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1307, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair