STAND. COM. REP. NO.  993

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 1

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Hawaiian Affairs, to which was referred S.B. No. 1, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO STATE RECOGNITION OF THE NATIVE HAWAIIAN PEOPLE, THEIR LANDS, ENTITLEMENTS, HEALTH, EDUCATION, WELFARE, HERITAGE, AND CULTURE,"

begs leave to report as follows:

     The purpose of this measure is to recognize native Hawaiians as the only indigenous, aboriginal, maoli population of Hawaii and to support the organization of a native Hawaiian governing entity.

Specifically, the measure:

     (1)  Establishes a nine-member native Hawaiian roll commission to prepare and maintain a roll of qualified native Hawaiians;

     (2)  Requires the commission, after publication of the roll, to appoint an interim council of nine members from the roll to commence the organization of a convention of qualified native Hawaiians;

     (3)  Requires the Governor to dissolve the commission after an interim council is appointed; and

     (4)  Appropriates unspecified funds.

     Your Committee received testimony in support of this measure from Maunalua Hawaiian Civic Club, Native Hawaiian Chamber of Commerce, Association of Hawaiian Civic Clubs, IMUAlliance, a Hawaii state senator, and one private individual.  The Department of Hawaiian Home Lands supported the purpose and intent of the measure.

     Your Committee received testimony in opposition to this measure from two individuals.

     Your Committee received comments on this measure from the Aha Kiole Advisory Committee and the Office of Hawaiian Affairs.

     Your Committee has amended this measure by:

     (1)  Revising the definition of the term "qualified native Hawaiian" from descendants whose peoples "exercised sovereignty and subsisted in the Hawaiian Islands, and which peoples thereafter have continued to reside in the Hawaiian Islands" to descendants whose people, "prior to 1778, occupied and exercised sovereignty in the Hawaiian Islands, the area that now constitutes the State of Hawaii,";

     (2)  Requiring a qualified native Hawaiian to have maintained a significant cultural, social, or civic connection to the native Hawaiian community;

     (3)  Eliminating the interim council;

     (4)  Providing for a native Hawaiian convention, which may be commenced by qualified native Hawaiians following the publication of the roll of qualified native Hawaiians;

     (5)  Requiring that the Governor dissolve the commission upon being informed that the commission has published notice of the updated roll, rather than after the appointment of the interim council; and

     (6)  Making technical, nonsubstantive changes for the purposes of style, clarity, and consistency.

     As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Hawaiian Affairs,

____________________________

FAYE HANOHANO, Chair