Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 633 entitled:

begs leave to report as follows:

The purpose of this measure is to propose a constitutional amendment to protect trust lands that benefit Hawaiians from condemnation by the State and counties.

Testimony in support of this measure was submitted by the Office of Hawaiian Affairs, Kamehameha Schools, Ka Lahui Hawaii, Association of Hawaiian Civic Clubs, and the Representative from the 44th District. Testimony in support of the intent of this measure was submitted by two concerned citizens. Testimony in opposition to this measure was submitted by the Department of Transportation, Department of Land and Natural Resources, Leasehold Co-op Committee, Hawaii Independent Condominium & Cooperative Owners, and Hawaii Council of Associations of Apartment Owners.

Your Committee finds that concerns remain about the definition of "Hawaiian" and the legal ramifications of this measure as it relates to current state and federal case law, which allow for leasehold conversions. Accordingly, your Committee believes that more research is needed on these issues, and that this measure should continue in the legislative process to promote further discussion. Your Committee notes that Kamehameha Schools indicated it will provide clarification to the measure and a definition for "Hawaiian" to the Committee on Judiciary and Hawaiian Affairs.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 633 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.