REPORT TITLE: 
HHCA


DESCRIPTION:
Defines "native Hawaiian" as a descendant of a person who, prior
to 1921, had no less than fifty per cent Hawaiian blood. Provides
that those on the current wait list receive priority until all
have at least one award, or the year 2021, whichever comes first.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            559         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaiian Homes Commission Act, 1920, as
 
 2 amended (HHCA), now dictates the status of a people indigenous to
 
 3 Hawaii as being unqualified for the very benefits mandated for
 
 4 them from the very inception of that act.  The HHCA is in its
 
 5 seventy-seventh year, and the struggle of Hawaiians in proving
 
 6 their blood quantum continues because of the absence of adequate
 
 7 genealogical records, such as birth, marriage, and death
 
 8 documents.  It is time that all Hawaiians of not less than fifty
 
 9 per cent blood quantum and less be recognized as native Hawaiians
 
10 if they have an ancestor who, prior to 1921, had fifty per cent
 
11 blood quantum of the races inhabiting the Hawaiian Islands before
 
12 1778. 
 
13      This Act, upon its approval by Congress, corrects the
 
14 essence of division of the Hawaiian people into two races of
 
15 people:  native Hawaiian with not less than fifty per cent blood
 
16 quantum and non-native Hawaiian with less than fifty per cent
 
17 Hawaiian blood quantum.
 
18      SECTION 2.  The Hawaiian Homes Commission Act, 1920, as
 
19 amended, is amended by adding a new section to be appropriately
 
20 designated and to read as follows:
 

 
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 1      "§     .  All applicants on the wait list for an award under
 
 2 the Hawaiian Homes Commission Act, 1920, as amended, as of
 
 3 December 31, 1999, shall have priority for an award over any
 
 4 person submitting an application for an award on January 1, 2000,
 
 5 or later.  All applicants on the wait list as of December 31,
 
 6 1999, shall continue to have priority for an award until
 
 7 receiving at least one award or until the year 2021, whichever
 
 8 comes first."
 
 9      SECTION 3.  Section 201, Hawaiian Homes Commission Act,
 
10 1920, as amended, is amended by amending the definition of
 
11 "native Hawaiian" to read:
 
12      ""Native Hawaiian" means any descendant of a person who,
 
13 prior to 1921, had not less than one-half part of the blood of
 
14 the races inhabiting the Hawaiian Islands previous to 1778."
 
15      SECTION 4.  The proposed amendments of the Hawaiian Homes
 
16 Commission Act, 1920, as amended, as set forth in this Act, shall
 
17 be submitted to the Congress of the United States for approval
 
18 upon the affirmative vote of the legislature.
 
19      SECTION 5.  The amendments made by this Act to the Hawaiian
 
20 Homes Commission Act, 1920, as amended, are declared to be
 
21 severable and, if any section, sentence, clause, or phrase, or
 
22 the application thereof to any person or circumstance is held
 
23 ineffective because there is a requirement of having the consent
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 of the United States to take effect, then that portion shall take
 
 2 effect only upon the granting of consent by the United States,
 
 3 and the effectiveness of the remainder of these amendments of the
 
 4 application thereof shall not be affected.
 
 5      SECTION 6.  New statutory material is underscored.
 
 6      SECTION 7.  This Act shall take effect on December 31, 1999.
 
 7 
 
 8                           INTRODUCED BY:_________________________