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 S.B. No. 1151 entitled:

begs leave to report as follows:

The purpose of this measure is to create new definitions of "public land trust" and "revenue" for purposes of ceded land revenues, and to clarify the purpose of the Office of Hawaiian Affairs (OHA).

Testimony in support of this measure was received from OHA, University of Hawaii at Manoa, Association of Hawaiian Civic Clubs, Friends of Mokuula, Inc., Kanu 'o ka 'Aina Charter School, and five individuals. Testimony in opposition was received from one individual.

Your Committee finds that the State's obligation to native Hawaiians is firmly established in our constitution. This measure furthers the State's constitutional obligation by giving effect to the right of native Hawaiians to benefit from the public land trust. Your Committee further finds that the injustice and wrongfulness of historical events surrounding the annexation of Hawaii and the marginalization of its indigenous people remain deeply felt by native Hawaiians, the original sovereign people of the State, as well as other members of the public.

Act 304, Session Laws of Hawaii (SLH) 1990, relating to clarification of ceded land revenues, was a legislative effort to define the extent and scope of the State’s obligation to transfer revenues derived from the public land trust to OHA in accordance with the constitutional and statutory mandate to dedicate twenty per cent of all revenue derived from the public land trust, as described above, for the betterment of the conditions of native Hawaiians.

However, the definitions of "public land trust" and "revenue", enacted by Act 304, SLH 1990, were effectively repealed by the decision of the Hawaii Supreme Court in Office of Hawaiian Affairs vs. State of Hawaii, 96 Haw. 388, 31 P.3d. 901 (2001), in a case involving ceded land revenues derived from the Honolulu International Airport because of a non-severability clause. Your Committee finds that those exact definitions must be reenacted into statute.

The clarification of the statutory purpose of OHA is a conforming amendment to delete material to avoid redundancy with the enactment of the new definitions.

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 S.B. No. 1151 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.