STAND. COM. REP. NO. 177

 

Honolulu, Hawaii

                  

 

RE:    S.C.R. No. 40

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Judiciary and Government Operations, to which was referred S.C.R. No. 40 entitled:

 

"SENATE CONCURRENT RESOLUTION URGING THE GOVERNOR AND THE ATTORNEY GENERAL TO WITHDRAW THE APPEAL TO THE UNITED STATES SUPREME COURT OF THE HAWAII STATE SUPREME COURT DECISION, OFFICE OF HAWAIIAN AFFAIRS V. HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII, 117 HAWAII 174 (2008),"

 

beg leave to report as follows:

 

     The purpose of this measure is to urge the Governor and the Attorney General to withdraw the appeal to the United States Supreme Court of the Hawaii State Supreme Court decision, Office of Hawaiian Affairs v. Housing and Community Development Corporation of Hawaii, 117 Hawaii 174 (2008).

 

     Testimony in support of this measure was submitted by one state agency, three organizations, and twelve public citizens.  Testimony in opposition was submitted by one state agency.  Written testimony presented to your Committees may be reviewed on the Legislature's website.

 

Your Committees find that pursuing the appeal to the United States Supreme Court is detrimental to the interests of all of the people of Hawaii and to the ongoing reconciliation process between the State and the Native Hawaiian people.

 

Your Committees note that oral argument in the United States Supreme Court for Office of Hawaiian Affairs v. Housing and Community Development Corporation of Hawaii, Docket No. 07-1372, is scheduled for February 25, 2009.

 

     As affirmed by the records of votes of the members of your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Judiciary and Government Operations that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 40 and recommend its adoption.

 

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

 

____________________________

BRIAN T. TANIGUCHI, Chair

 

____________________________

CLAYTON HEE, Chair