HB2460

Report Title:

Office of Hawaiian Affairs; Public Land Trust Revenues; Report

Description:

Provides that twenty days prior to the convening of each legislative session, the governor shall provide to the legislature and the office of Hawaiian affairs an accounting of all revenues of, and certain other information relating to, the public land trust for the most recent fiscal year preceding the session. Requires that the report be for each state department and agency.

HOUSE OF REPRESENTATIVES	H.B. NO.	2460
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

A BILL FOR AN ACT

relating to the public land trust.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 171-18, Hawaii Revised Statutes, is amended to read as follows:

"§171-18 Public land trust[.]; accounting of revenues. (a) All funds derived from the sale or lease or other disposition of public lands shall be appropriated by the laws of the State; provided that all proceeds and income from the sale, lease, or other disposition of lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 6), and all proceeds and income from the sale, lease or other disposition of lands retained by the United States under sections 5(c) and 5(d) of the Act and later conveyed to the State under section 5(e) shall be held as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible, for the making of public improvements, and for the provision of lands for public use.

(b) Not later than twenty days prior to the convening of each regular legislative session, the governor shall provide to the legislature and the office of Hawaiian affairs an accounting of all revenues of, and certain other information relating to, the public land trust for the most recent state fiscal year preceding the session. The written report, for each state department and agency, shall:

(1) List each parcel of public land and describe its size in acreage or square feet and whether it is developed or undeveloped;

(2) Break down these parcels between trust and non-trust lands and by ceded and non-ceded lands;

(3) Identify the revenues generated by each parcel of trust land, non-trust land, ceded land, and non-ceded land;

(4) For each parcel, describe the formula that was used to determine the portion of revenue receipts to be transmitted to the office of Hawaiian affairs, and explain any instances in which the formula was modified or not applied, including but not limited to explaining why the revenues of trust lands of certain departments and agencies were not transferred to the office of Hawaiian affairs; and

(5) Disclose all sales and exchanges of lands in the public land trust.

(c) Prior to preparing each fiscal year's accounting report, the governor's office shall consult with the office of Hawaiian affairs to agree upon standards for the report format and content that ensure that the office of Hawaiian affairs can determine the basis for each department's and agency's calculation of the revenues transmitted to the office of Hawaiian affairs. The governor's office shall establish a procedure for the office of Hawaiian affairs to discuss with the relevant department or agency any issues that arise as a result of such an accounting.

(d) The office of Hawaiian affairs and any of its contractors may examine, inspect, and audit all state records relating to public land trust revenues to ensure that the annual accountings submitted under subsection (b) of this section are accurate, complete, and reliable."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________