Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred H.B. No. 2400, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to provide interim revenue to the Office of Hawaiian Affairs (OHA).

Testimony in support of the measure was received from the OHA.

Your Committee finds that in 1997, a circuit court decision threw into question the amount of funds due to the OHA under the State Constitution. The Legislature enacted section 10-13.3, Hawaii Revised Statutes, to provide for interim revenue for fiscal years 1997-1998 and 1998-1999 while the issue was undergoing clarification. In fiscal years 1999-2000 and 2000-2001, the Legislature funded the OHA's budget through separate appropriation measures.

Your Committee also finds that a September, 2001, Hawaii Supreme Court decision effectively cut off ceded land revenue to OHA mandated by the State Constitution. Your Committee believes that the Legislature must do its part to provide funding for the OHA to continue its mission until a settlement can be reached. Your Committee acknowledges and reaffirms the State's responsibilities for Hawaiians and Native Hawaiians, for whose benefit the OHA was established.

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. 2400, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.