STAND. COM. REP. NO.1228
Honolulu, Hawaii
, 2001
RE: S.B. No. 1102
S.D. 2
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1102, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED,"
begs leave to report as follows:
The purpose of this measure is to support the rights of native Hawaiians by:
(1) Promoting increased self-governance by Hawaiian homestead community organizations over the affairs of their distinct native communities on Hawaiian home lands; and
(2) Correcting an inequity in section 209 of the Hawaiian Homes Commission Act, 1920, as amended (HHCA) relating to the blood requirements applicable to the descendants of lessees who were entitled to the leased land under section 3 of the Act of May 16, 1934 (48 Stat. 777, 779), as amended, or section 3 of the Act of July 9, 1952 (66 Stat. 511, 513).
The Department of Hawaiian Home Lands, residents of the Princess Kahanu Estates, the State Council of Hawaiian Homestead Associations, Ahahui Siwila Hawaii O Kapolei, Hui Kako'o Aina Ho'opulapula, the Waimanalo Hawaiian Homes Association, and members of the public testified in support of the measure. Ka Lahui Hawaii and members of the public testified in opposition to the bill.
Upon further consideration, your Committee has amended the bill by:
(1) Deleting all references to federal recognition in section 1 of the bill;
(2) Focusing the language in section 1 to provisions of federal law that pertain to the HHCA and Hawaiian home lands beneficiaries, and to other findings that are specific to communities found on Hawaiian home lands;
(3) Deleting section 3 of the bill relating to proposed amendments to section 209 of the HHCA; and
(4) Making other technical amendments for the purpose of clarity and style.
It is the intent of your Committee in making these amendments to clarify the true purpose of this bill, which is to provide for greater self-determination by native Hawaiians residing on Hawaiian home lands over the affairs of their communities.
Your Committee wishes to make clear that the deletion of references to federal recognition in this measure should not be interpreted to indicate that this Committee or the Legislature does not support federal recognition for the Hawaiian people. It is the Committee’s belief that the references to federal recognition contained in previous drafts of the bill created confusion as to the purpose of this measure. Eliminating these references and focusing the language to the HHCA and its beneficiaries will provide clarity to the bill and its purpose.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1102, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1102, S.D. 2, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ ERIC G. HAMAKAWA, Chair |
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