Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred H.B. No. 624 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that the Department of Hawaiian Home Lands (DHHL) is required to report to the Legislature on lands subleased by lessees of the DHHL.

In addition, this measure clarifies the authority of the DHHL to adopt rules under Chapter 91, Hawaii Revised Statutes, otherwise known as the Administrative Procedure Act.

Your Committee received testimony in support of the measure from the DHHL and the State Council of Hawaiian Homestead Association.

Your Committee finds that DHHL's reporting requirements require clarification. Section 222 of the Hawaiian Homes Commission Act, 1920 (HHCA), requires that the DHHL report to the Legislature in each calendar year a written report covering all subleased lands. This measure clarifies that this reporting requirement only pertains to public lands originally leased under Chapter 171, Hawaii Revised Statutes, when these lands are later subleased.

Your Committee further finds that clarification of DHHL's rulemaking authority is necessary to ensure that DHHL adopts rules in accordance with Chapter 91, Hawaii Revised Statutes, to ensure the efficient execution of its functions under the HHCA.

Your Committee has amended the measure by changing the effective date of the measure from upon approval to July 1, 2010.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 624, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 624, S.D. 1, and be referred to the Committee on Judiciary.