Appropriates funds for the operating budget of the Office of Hawaiian Affairs for the fiscal years 2003-2004 and 2004-2005. (HB1300 HD1)

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to appropriate funds for the biennial budget of the office of Hawaiian affairs. The office of Hawaiian affairs is mandated by article XII, section 6, of the State Constitution and section 10-3, Hawaii Revised Statutes, to administer funds, lands, and other resources made available to it for the benefit of native Hawaiians, as defined in Section 201 of the Hawaiian Homes Commission Act, 1920, and Hawaiians, as generally defined in section 10-2, Hawaii Revised Statutes.

Although the office of Hawaiian affairs is entitled to a pro rata share of the revenues from the public land trust pursuant to section 10-13.5, Hawaii Revised Statutes, these revenues are restricted to the purposes set forth in the Admission Act, Public Law 86-3, 73 Stat. 4 (1959). The legislature finds that while the use of funds from the public land trust for the betterment of native Hawaiians remains a paramount concern to the people of Hawaii, the beneficiaries of the public land trust revenues represent less than a majority of Hawaiians. The betterment of the conditions of Hawaiians, as generally defined in section 10-2, Hawaii Revised Statutes, is also a vital public purpose and for the office of Hawaiian affairs to carry out its mandated purpose, an appropriation of general funds is necessary.

In passing article XII of the Constitution and enacting chapter 10, Hawaii Revised Statutes, the State of Hawaii reaffirmed its solemn trust obligation and responsibility to Hawaiians. Programs and services funded by the State, including but not limited to welfare, medical assistance, and corrections, continue to be disproportionately used by Hawaiians, of whom less than a majority is native Hawaiian. It is consistent with the constitutional and statutory mandate given to the office of Hawaiian affairs that the legislature provide funding for programs, and the cost of administering such programs, to the office of Hawaiian affairs. The general fund appropriations established in this Act shall be supplemented with trust funds administered by the office of Hawaiian affairs.

SECTION 2. Unless otherwise clear from the context, as used in this Act:

"Means of Financing", or "MOF", means the source from which funds are appropriated or authorized, as the case may be, to be expended for the programs and projects specified in this Act. Letter symbols following appropriations have the following meanings:

A: General Funds

T: Trust Funds

"Position ceiling" means the maximum number of permanent positions authorized for a particular program during a specified period or periods, as noted by an asterisk.

"Program ID" means the unique identifier for the specific program, and consists of the abbreviation for the office of Hawaiian affairs followed by a designated number for the program.

SECTION 3. The following sums, or so much thereof as may be necessary to accomplish the purposes and programs designated herein, are appropriated or authorized, as the case may be, from the sources of funding specified to the office of Hawaiian affairs for the fiscal biennium beginning July 1, 2003, and ending June 30, 2005. The total general fund expenditures and the number of permanent positions established in each fiscal year of the biennium shall not exceed the sums and the position ceiling indicated for each year, except as provided elsewhere in this Act.

SECTION 4. Provided that the general fund appropriations in section 3 of this Act shall be expended by the office of Hawaiian affairs.

SECTION 5. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $298,000 in general funds and $298,000 in trust funds for fiscal year 2003-2004 and the sum of $298,000 in general funds and $298,000 in trust funds for fiscal year 2004-2005 shall be expended for services on a fee work contracted to Alu Like, Inc.

SECTION 6. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $290,974 in general funds and $290,974 in trust funds for fiscal year 2003-2004 and the sum of $290,974 in general funds and $290,974 in trust funds for fiscal year 2004-2005 shall be expended for the gifted and talented native Hawaiian children program, Na Pua No`eau.

SECTION 7. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $40,000 in general funds and $40,000 in trust funds for fiscal year 2003-2004 and the sum of $40,000 in general funds and $40,000 in trust funds for fiscal year 2004-2005 shall be contracted for the native Hawaiian diet program.

SECTION 8. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $388,301 in general funds and $388,302 in trust funds for fiscal year 2003-2004 and the sum of $388,301 in general funds and $388,302 in trust funds for fiscal year 2004-2005 shall be expended for the native Hawaiian rights and land title projects contractually administered through the native Hawaiian legal corporation.

SECTION 9. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $258,629 in general funds and $258,629 in trust funds for fiscal year 2003-2004 and the sum of $173,622 in general funds and $173,622 in trust funds for fiscal year 2004-2005 shall be contracted for the Nationhood program.

SECTION 10. Provided that whenever the need arises, the administrator of the office of Hawaiian affairs is authorized to transfer sufficient funds and positions between programs for operating purposes; provided further that these transfers shall not be inconsistent with legislative intent; and provided further that a report shall be made to the legislature no later than thirty days prior to the convening of the 2004 and 2005 regular sessions.

SECTION 11. Provided that, except as otherwise appropriated or authorized, the State of Hawaii shall fund the costs of wages and fringe benefits for employees of the office of Hawaiian affairs; provided further that, for the purposes of this Act, "fringe benefits" means benefits received by public employees, including hospital, medical, and dental care under the public employees health fund, and temporary disability insurance, workers' compensation, social security, and retirement benefits.

SECTION 12. In the event manifest clerical, typographical, or other mechanical errors are found in this Act, the board of trustees is hereby authorized to correct such errors. All changes made pursuant to this section shall be reported to the legislature at its next session.

SECTION 13. This Act shall take effect on July 1, 2003.