STAND

STAND. COM. REP. NO.1054

Honolulu, Hawaii

, 2003

RE: H.B. No. 295

H.D. 1

S.D. 1

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 H.B. No. 295, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PUBLIC LAND TRUST,"

begs leave to report as follows:

The purpose of this measure is to establish a legislative task force known as the ceded lands resolution task force (task force).

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs (OHA) and Hawaiian Political Action Council of Hawaii. Comments were submitted by the Office of Information Practices (OIP).

The purpose of the task force, working in conjunction with OHA, is to address and solve the matter of just payment throughout the 2004 regular session, with special focus on specified issues relating to ceded lands revenues and settlements.

Your Committee finds that there is a compelling necessity for the Legislature to vigorously proceed towards permanent resolution of long-standing, complex, and controversial issues surrounding ceded lands.

The passage of this measure represents your Committee's resolve to enact legislation that most effectively and responsibly meets the State's constitutional obligation to ensure that Hawaiian people benefit from the public land trust.

Your Committee has amended this measure by:

(1) Deleting certain references contained in the measure for the purpose of removing any inference that the State may not have acted in good faith in past attempts to resolve public land trust controversies;

(2) Changing the name of the task force from the "Ceded Lands Resolution Task Force" to the "Public Lands Resolution Task Force";

(3) Removing the extraneous provision authorizing the task force to work throughout the 2003 legislative session;

(4) Providing that records of the task force are subject to chapter 92F, Hawaii Revised Statutes, relating to disclosure of public records, on recommendation of the OIP;

(5) Adding to the membership of the task force:

(a) A representative of the Governor's office;

(b) A representative of an appropriate federal agency, to be chosen by Hawaii's congressional delegation; and

(6) Making technical, nonsubstantive amendments for the purposes of clarity and style.

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 is in accord with the intent and purpose of H.B. No. 295, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 295, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair