STAND. COM. REP. 91

Honolulu, Hawaii

, 2003

RE: H.B. No. 675

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 H.B. No. 675 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION TO PREVENT CONDEMNATION OF TRUST LANDS,"

begs leave to report as follows:

The purpose of this bill is to propose a constitutional amendment to prohibit the condemnation of lands owned by a charitable trust that benefits Hawaiians.

The American Friends Service Committee and Hawaiian Political Action Council of Hawaii submitted testimony in support of this bill. The Office of Hawaiian Affairs and Kamehameha Schools submitted testimony in support of this bill with amendments. The Small Landowners Association of Hawaii and State Council of Hawaiian Homestead Associations submitted testimony in support of the intent of this bill. The Hawaii Council of Associations of Apartment Owners and Hawaii Independent Condominium and Cooperative Owners submitted testimony in opposition to this bill. The Department of Land and Natural Resources submitted comments on this bill.

Your Committee finds that charitable trusts benefiting Hawaiians, often called "Ali'i trusts," provide significant educational and social services to the poor, the mentally ill, children, the elderly, and disabled individuals. The loss of assets through land condemnation seriously jeopardizes the delivery of trust services and even the very survival of the trusts. The loss of these charitable trusts would not only be a major loss for Hawaiians, but it would also force the State to shoulder a very large burden.

Your Committee further finds that consideration should be given to making this bill apply to lands owned by any type of charitable trust.

Your Committee has amended this bill by:

(1) Clarifying the definition of "Hawaiians";

(2) Clarifying the constitutional question to make it consistent with the body of the bill; and

(3) Making technical, nonsubstantive changes for purposes of style, clarity, and consistency.

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. 675, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 675, H.D. 1, and be referred to the Committee on Judiciary.

 

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

 

____________________________

EZRA R. KANOHO, Chair