STAND. COM. REP. NO. 270

Honolulu, Hawaii

RE:    S.B. No. 939

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred S.B. No. 939 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED,"

begs leave to report as follows:

     The purpose of this measure is to encourage and assist Native Hawaiian homestead owners and residents to participate in the strengthening and developing the community in which they live, by establishing a Hawaiian Home Lands Community Development Fund with revenue-sharing from commercial development projects to be used for community and cultural programming in Hawaiian homestead communities.

     Testimony in support of this measure was submitted by the State Council of Hawaiian Homestead Associations, the Council for Native Hawaiian Advancement, the Wai‘anae Valley Homestead Community Association, the Waianae Kai Hawaiian Homestead Association, the Nanakuli Hawaiian Homestead Community Association, the Ahupua‘a of Maui, and one individual.  Testimony in opposition to this measure was submitted by the Department of Hawaiian Home Lands.

     The intent of the Hawaiian Homes Commission Act of 1920, as amended, is to return lands to the Native Hawaiians and allow them to participate in building their own communities, which observe their culture and way of life.  The growth of Hawaiian homestead communities leads to the development of skills and expertise, which are needed for self-governance and self-determination.  Native Hawaiian homestead community organizations have a mission to improve the conditions of their communities, however, a majority of these associations lack the expertise and resources to implement programs and services that would improve the life conditions in the homestead communities.

     Commercial development of Hawaiian Home Lands can be an important tool in the administration of the Hawaiian Home Lands Trust.  Your Committee finds that setting aside a percentage of the revenues earned into a Hawaiian Home Lands Community Development Fund will provide funding for community development efforts and cultural programming.  Your Committee believes that establishing a community development fund fulfills the intent of this measure, which is to encourage and assist Native Hawaiian homestead owners and residents to participate in the strengthening and development their homestead communities.

     Your Committee has a concern that establishing the Hawaiian Home Lands Community Development Fund is creating a special fund under the Hawaiian Homes Commission Act of 1920, and believes that this concern merits further discussion by the Committee on Ways and Means.

     Your Committee has amended this measure by adding language that declares any amendments made to the Hawaii Homes Commission Act of 1920 be severable.

     As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 939, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 939, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Agriculture, and Hawaiian Affairs,

____________________________

RUSSELL S. KOKUBUN, Chair