STAND. COM. REP. NO. 3401

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.C.R. No. 93
                                        




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

Sir:

     Your Committee on Judiciary, to which was referred S.C.R.
No. 93 entitled:

     "SENATE CONCURRENT RESOLUTION URGING THE GOVERNOR TO APPOINT
     THE TRUSTEES TO THE OFFICE OF HAWAIIAN AFFAIRS TO SERVE OUT
     THEIR TERMS OF OFFICE IF THE RICE V. CAYETANO DECISION
     REQUIRES THEIR REMOVAL AS ELECTED OFFICIALS,"

begs leave to report as follows:

     The purpose of this resolution is to urge the Governor to
appoint the trustees to the Office of Hawaiian Affairs to serve
out their terms of office if the Rice v. Cayetano decision
requires their removal as elected officials.

     Your Committee finds that the recent U.S. Supreme Court
decision in the Rice case cast a cloud on how the Office of
Hawaiian Affairs trustees should be selected, given that the
court held that the election in which they were selected was
unconstitutional.  Your Committee further finds that in order to
lend stability and continuity to the Office of Hawaiian Affairs
while the method of selection is resolved, the Governor should
appoint the elected trustees to serve in an interim capacity.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee concurs with the intent and purpose of S.C.R. No. 93,
and recommends its adoption.


 
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                                   STAND. COM. REP. NO. 3401
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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