STAND. COM. REP. NO. 3420

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.C.R. No. 113
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred
S.C.R. No. 113 entitled:

     "SENATE CONCURRENT RESOLUTION REQUESTING A STUDY OF THE
     EXISTING REPRESENTATION FRAMEWORK OF THE OFFICE OF HAWAIIAN
     AFFAIRS AND THE EFFECTS OF THE RICE V. CAYETANO DECISION,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to request the
Office of Hawaiian Affairs to study alternate governance
mechanisms to replace the prior election system found
unconstitutional in Rice v. Cayetano.

     Since its formation after the 1978 Constitutional
Convention, the Office of Hawaiian Affairs has been a body led by
Hawaiians who were elected by Hawaiians and native Hawaiians for
the benefit of all Hawaiians.  The Rice decision has struck down
the election portion of that format.  An alternate system must be
constructed.

     Your Committee finds that the Office of Hawaiian Affairs is
best suited to investigate the options and make a recommendation
on the one best suited to meet the Office of Hawaiian Affairs'
needs.  The office is requested to include consideration of the
following five issues:


 
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     (1)  How Office of Hawaiian Affairs will remain sensitive to
          the needs of all Hawaiians;

     (2)  Ensuring that persons who will lead the Office of
          Hawaiian Affairs be at least part Hawaiian;

     (3)  Whether trustees should be full time or not;

     (4)  How fair and equitable representation on the board can
          be made; and

     (5)  The future accountability of trustees or directors to
          their constituents.

Your Committee finds that these will provide a starting point for
Office of Hawaiian Affairs' report on this important issue.

     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 concurs with the intent and purpose of S.C.R. No. 113,
and recommends its adoption.

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



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
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