Transfers the Hawaiian Homes Commission and the department of Hawaiian home lands from the state to the bona fide representative of beneficiaries of the department of Hawaiian home lands.

A BILL FOR AN ACT

Section 1. The purpose of this Act is to transfer complete legal control, title, liability, and authority for the Hawaiian homes commission and the department of Hawaiian home lands from the state to the bona fide representative of the beneficiaries of the department of Hawaiian home lands. It is the intention of the Legislature that the transfer include the department's funds, loans, land, assets, and employees presently under the department's control and authority. Excluded from this transfer is any and all legal or financial liabilities incurred by the department prior to the effective date of this Act.

It is the intent of the Legislature to transfer the department to the bona fide representative only upon proof of the representative's bona fides. The transfer shall take effect no sooner than ___ days from the date of proof. The state shall retain complete authority and control of the department, with no legal or equitable title passing, until all conditions in Section 4 of this Act are met.

Section 2. The state shall transfer to the bona fide representative of the beneficiaries of the department of Hawaiian home lands the complete legal control, authority, title, liability, and autonomy for the department, including its funds, loans, land, assets, and employees presently under the department's control and authority. The transfer shall not include any and all legal or financial liabilities incurred by the department prior to the effective date of this Act.

The transfer of the department from the state to the bona fide representative shall occur only upon proof of the representative's bona fides. The transfer shall take effect no sooner than ___ days from the date of proof. The state shall retain complete authority and control of the department, with no legal or equitable title passing, until all conditions in Section 4 of this Act are met.

"Bona fide representative" shall mean a person, persons, or entity with no less than the following bona fides: (1) __ years of experience managing lands in Hawaii occupied principally by persons of Hawaiian ancestry; (2) __ years of experience managing trusts and trust assets; (3) __ years of experience managing financial portfolios; (4) ___ years of experience developing housing or housing projects; and (5) fluency in the Hawaiian language and culture.

"Department" shall mean the Hawaiian homes commission and the department of Hawaiian home lands.

Section 3. The reviser of statutes shall conform the Hawaiian Homes Commission Act of 1920, as amended, to the requirements of this Act.

Section 4. This Act shall take affect in accordance with Section 2 of the Act, and upon compliance with Article XII, section 3 and Article XVII, section 3 of the Constitution of the State of Hawaii.