Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred Governor's Message No. 5, submitting for study and consideration the nomination of:

begs leave to report as follows:

Upon review of the resume, written statement of the nominee, and testimony, your Committee finds that Micah A. Kane graduated from the Kamehameha Schools, received a Bachelor's Degree in Business Administration from Menlo College, and received an MBA degree from the University of Hawaii at Manoa. He has been the Government Affairs Liaison for the Building Industry Association of Hawaii and a legislative aide for the Honolulu City Council.

Testimony in support of the nominee was received from the Lieutenant Governor, Department of Hawaiian Home Lands (DHHL), Office of Hawaiian Affairs, Federal Public Defender, Land Use Research Foundation of Hawaii, Hidano Construction, Inc., Contractors Association of Kauai, Royal Order of Kamehameha, Oahu Council of the Association of Hawaiian Civic Clubs, Hawaii Operating Engineers Industry Stabilization Fund, Waianae Homesteaders Association, Nanakuli Homesteaders Association, Waiahole Homesteaders Association, Winer Meheula & Devens, Hana Engineering, Inc., HGEA-AFSCME, State Council of Hawaiian Homestead Associations, Kamehameha Schools, Bays Deaver Lung Rose & Baba, Association of Hawaiian Civic Clubs, The Estate of James Campbell, Pacific Management Consultants, Inc., Kalawahine Streamside Association, Honolulu Shipyard, Inc., Building Industry Association, Native Hawaiian Legal Corporation, Armstrong Builders, Ltd., and fifteen individuals. Testimony in opposition was received from the Hawaiian Political Action Council of Hawaii.

Your Committee diligently questioned the nominee on his background and qualifications and was impressed with the nominee's candor, straightforwardness, sincerity, and the fact that he is a native Hawaiian. Your Committee notes the nominee's testimony indicates that he intends to place all waiting Hawaiian home land beneficiaries onto Hawaiian home lands within five years. In his written statement, the nominee noted that, "Hawaii has experienced more than 100 years of varying leadership that provided only 'band aid' solutions to the problems that exist in the Hawaiian community. Under our State's current leadership, we are committed to creating long-term and long-lasting solutions to problems. It is critical that we take advantage of this opportunity to allow our State to move forward to give Hawaiians what they are entitled to – hope for the future." The nominee further noted that he has developed the framework of a strategic plan which "lays out a clear direction" for the DHHL over the next four years, and that he envisions the DHHL to serve as an "economic engine for our State, attracting new industries through our general leasing capabilities, as well as attracting much needed federal dollars."

As to the sovereignty issue, your Committee agrees with the nominee's written statement that native Hawaiians must achieve federal recognition during this administration's tenure.

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, after full consideration of the background, character, experience, and qualifications of the nominee, has found the nominee to be qualified for the position to which nominated and recommends that the Senate advise and consent to the nomination.