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. 1102, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to exempt the descendants of native Hawaiian individuals who received a homestead lease pursuant to the Acts of 1934 and 1952 referenced in section 209(a) of the Hawaiian Homes Commission Act of 1920, as amended, from the blood requirements to succeed to a homestead lease. The measure also authorizes community-based self determination on Hawaiian home lands.

Your Committee heard testimony in support of the measure from the Department of Hawaiian Home Lands, State Council of Hawaiian Homestead Associations, the President and 26 members of Waimanalo Hawaiian Homes Association, and Papakolea Community Association. Testimony in opposition to the measure was received from Ka Lahui Hawaii, Hui Kako'o 'Aina Ho'opulapula, and a private individual.

Your Committee finds that the individuals who were entitled to leased land under the Acts of 1934 and 1952 received an award based on their residency not their ancestry. Current law regarding successorship exempts descendants of non-native Hawaiian lessees from the blood quantum requirement, but requires descendants of native Hawaiians to meet the requirement. Your Committee believes all descendants should be treated in the same manner. The proposed amendment will correct this inequity.

Your Committee has amended the measure by:

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. 1102, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1102, S.D. 2.