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 S.B. No. 109 entitled:

begs leave to report as follows:

The purpose of this measure is to amend the residency qualifications of Trustees of the Office of Hawaiian Affairs (OHA) and the manner in which they represent their constituents.

Testimony in favor of the measure was received from Kukana Kalepa Ohana.

Your Committee finds that the measure amends the requirements for election of OHA Trustees so that four are elected at-large and the remaining five are elected by island. The measure also requires that the five trustees elected by island to be residents of the island to which election is sought.

The measure also requires that as a part of its mandated responsibilities, that the Reapportionment Commission constituted in 2002, review the OHA representation model outlined in this measure and make representation recommendations based on the 2000 census of resident voters who are qualified to vote in the election. The 2002 Reapportionment Commission is to submit its findings, recommendations, and implementing draft legislation to the Legislature prior to the convening of the 2003 Regular Session.

Your Committee understands that the legal questions surrounding the election of OHA Trustees are far from being ultimately resolved and views the passage of this measure to your Committee on Judiciary as a means by which to position a legislative vehicle for future consideration.

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 S.B. No. 109 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.