Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1101 entitled:

begs leave to report as follows:

The purpose of this measure is to allow the Hawaiian Homes Commission to recover monetary advances made from the Hawaiian home loan fund or Hawaiian home general fund from the new lessee of the tract of land that was formerly held by a lessee who died without leaving a designated successor, a qualified spouse or descendant.

Testimony in support of this measure was submitted by the Department of Hawaiian Home Lands.

Your Committee finds that the Department of Hawaiian Home Lands is required to pay the surviving spouse or other descendants, who are not qualified to continue to lease the tract of land formerly leased by their ancestor, the value of the lease that they must surrender. These payments are made out of either the Hawaiian home loan fund or the Hawaiian home general loan fund. This measure allows the Commission to recover these advances by requiring the new lessee to repay these amounts to either loan fund and to do so if necessary by obtaining private financing.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1101 and recommends that it pass Third Reading.