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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
119 |
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TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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RESOLUTION
REQUESTING THE DEPARTMENT OF HAWAIIAN HOME LANDS to REVIEW THE SALE OF LEASES AND SUBMIT RECOMMENDATIONS TO THE LEGISLATURE FOR THE ADOPTION OF POLICIES THAT ARE FAIR TO AWARDEES, LEASE PURCHASERS, AND TO THE STATE.
WHEREAS, the Hawaiian Homes Commission Act, 1920, enacted by the United States Congress, provides opportunity for native Hawaiians to live on the land in a home of their own, without which benefit many native Hawaiians would not be able to afford home ownership; and
WHEREAS, the ground preparation and infrastructure costs of Hawaiian Homes subdivisions in recent years have averaged nearly $75,000 per lot, while the annual lease rent for a native Hawaiian is $1 per year for ninety-nine years; and
WHEREAS, recipients of Hawaiian Homes Commission awards, who are not subjected to a competitive bid process and are not required to render payment for improvements at appraised market value as in other state leases, have in some instances reportedly sold their just awarded lots in prearranged transactions within minutes following receipt of an award, some for as much as $25,000, and then immediately placed their names back on the waiting list again; and
WHEREAS, such transactions defeat the intent of the Hawaiian Homes Commission Act, circumvent the waiting list process, and enable a successful awardee to realize a huge personal gain at the expense of the State and other native Hawaiians; and
WHEREAS, similar problems of waitlist circumvention and exorbitant personal gain may also be taking place in the sale of homes and lots occupied for a period of time; and
WHEREAS, current policies and past precedent do not prohibit such sales, and the lure of large sums of money to meet pressing personal needs can too easily exceed an awardee's ability to resist that temptation; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, the Senate concurring, that the Department of Hawaiian Home Lands is requested to investigate the appropriateness of the sales described in this measure and to consider the following:
(1) Prohibiting the sale of awarded lots and reassigning those lots to the next qualified beneficiary on the waitlist when the initial awardee will not be utilizing the lot for its intended purpose; and
(2) Except in the case of a transfer to a sibling or a relative as is now permitted by law, establishing a policy by which existing homes and lots may be fairly and justly sold by lessees who for any reason wish to relinquish their right to remain on the land; however, in fairness to the seller, buyer, and the waitlist process, this may include an appraisal at which price the lease could be offered to the next qualified beneficiary on the waitlist;
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BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is requested to obtain input from the Hawaiian Homes Association on these issues and to submit findings and recommendations, including any proposed legislation, to the Legislature twenty days before the convening of the Regular Session of 2004; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Chairperson of the Hawaiian Homes Commission, and the President of the Hawaiian Homes Association.
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OFFERED BY: |
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Report Title:
Requesting Department of Hawaiian Home Lands to review the sale of leases.