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HOUSE OF REPRESENTATIVES |
H.R. NO. |
5 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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REQUESTING THE DEPARTMENT OF HAWAIIAN HOME LANDS TO REVIEW AND CONSIDER THE AMENDMENT OF ITS RULES RELATING TO THE ASSIGNMENT AND SUBLETTING OF HAWAIIAN HOME LANDs LEASES.
WHEREAS, section 10-3-35, Hawaii Administrative Rules (Department of Hawaiian Home Lands), provides the following:
No lessee may, without written approval from the commission, enter into any contract, joint venture, agreement or other arrangement of any sort with a third person on lands covered by lessee's lease for the cultivation of crops or the raising of livestock.
; and
WHEREAS, section 10-3-36, Hawaii Administrative Rules (Department of Hawaiian Home Lands), provides in relevant part the following:
A lessee, with the written approval of the commission, may transfer the leasehold to any individual who is a native Hawaiian and is at least eighteen years old.
; and
WHEREAS, within the broad provisions of section 10-3-35, it has been reported that, in a number of instances, Hawaiian home lands lessees have been subletting Hawaiian home lands leases to non-native Hawaiians; and
WHEREAS, within the broad provisions of section 10-3-36, it has been reported that there have been instances where a Hawaiian home lands lessee has sold or otherwise transferred a Hawaiian home lands lease to the native Hawaiian highest bidder at a profit, to the detriment of other native Hawaiian applicants on the waiting list for residential, agricultural, or pastoral lots; and
WHEREAS, the subletting of any Hawaiian home lands should be limited to native Hawaiian sublessees; and
WHEREAS, any assignments of any Hawaiian home lands lease should be made available to the native Hawaiians on the waiting lists for residential, agricultural, or pastoral lots, and not to the native Hawaiian highest bidder; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, that the Department of Hawaiian Home Lands is requested to investigate whether the reported practices of:
(1) Subletting, contracting, or joint venturing of Hawaiian home lands to non-native Hawaiians; and
(2) The assigning of Hawaiian home lands leases to the native Hawaiian highest bidder,
are prevalent practices, with or without the approval of the Hawaiian Homes Commission; and
BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands and the Hawaiian Homes Commission are requested to review their rules and to consider the amendment of the rules to limit:
(1) The approval of any sublease, contract, joint venture, agreement, or other arrangement of any Hawaiian home lands lease only to another native Hawaiian or an organization formed and controlled by native Hawaiians; and
(2) The approval of any assignment of a Hawaiian home lands lease to the next eligible native Hawaiian on the waiting list for any residential, agricultural, or pastoral lot; and
BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is requested to report its findings to the Legislature twenty days before the convening of the Regular Session of 2007; and
BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chairperson of the Hawaiian Homes Commission.
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OFFERED BY: |
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Report Title:
Hawaiian Homes Commission, Assignment and Subletting of Leases