Proposes a constitutional amendment that transfers the powers of the office of Hawaiian affairs and the moneys owed as its pro rata share of public land trust revenues to the department of Hawaiian home lands if an unappealable federal court decision determines that the existence of the office of Hawaiian affairs is in violation of the United States Constitution.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to propose an amendment to article XII, section 6, of the Constitution of the State of Hawaii to allow for the transfer of powers bestowed upon and moneys owed to the office of Hawaiian affairs, as its pro rata share of public land trust revenues, to the department of Hawaiian home lands if an unappealable federal court decision determines that the existence of the office of Hawaiian affairs is in violation of the United States Constitution.

SECTION 2. Article 12, section 6, of the Constitution of the State of Hawaii is amended to read as follows:

"Section 6. The board of trustees of the Office of Hawaiian Affairs shall exercise power as provided by law: to manage and administer the proceeds from the sale or other disposition of the lands, natural resources, minerals and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds from that pro rata portion of the trust referred to in section 4 of this article for native Hawaiians; to formulate policy relating to affairs of native Hawaiians and Hawaiians; and to exercise control over real and personal property set aside by state, federal or private sources and transferred to the board for native Hawaiians and Hawaiians. The board shall have the power to exercise control over the Office of Hawaiian Affairs through its executive officer, the administrator of the Office of Hawaiian Affairs, who shall be appointed by the board[.]; provided that if an unappealable federal court decision determines that the existence of the Office of Hawaiian Affairs is in violation of the United States Constitution, then the powers established and proceeds, income, and revenue identified under this section shall be transferred from the Office of Hawaiian Affairs to the department of Hawaiian home lands as provided by law."

SECTION 3. The question to be printed on the ballot shall be as follows:

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.