STAND. COM. REP. NO. 1024

Honolulu, Hawaii

RE:    S.C.R. No. 147

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Hawaiian Affairs, to which was referred S.C.R. No. 147 entitled:

"SENATE CONCURRENT RESOLUTION ENCOURAGING DISCUSSIONS TO PROPOSE RECOMMENDATIONS TO THE LEGISLATURE TO RESOLVE OUTSTANDING DIFFERENCES REGARDING CLAIMS OF THE OFFICE OF HAWAIIAN AFFAIRS TO INCOME AND PROCEEDS FROM THE PUBLIC LAND TRUST BETWEEN NOVEMBER 7, 1978, AND JULY 1, 2008,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Encourage the Office of Hawaiian Affairs and Executive Branch to engage in discussions to formulate and submit a recommendation to the Legislature for resolving all claims and disputes between the State and the Office of Hawaiian Affairs regarding the amount of the income and proceeds from the lands of the public land trust that the Office of Hawaiian Affairs should receive under the Hawaii State Constitution and state law, between November 7, 1978, and July 1, 2008; and

     (2)  Include, at a minimum, any recommendation to the Legislature to specify the amount in cash payments, parcels of land, or a combination, that the Legislature shall appropriate and authorize the State to pay or transfer to the Office of Hawaiian Affairs.

     Your Committee received testimony in support of this measure from the Governor, Office of Hawaiian Affairs, Association of Hawaiian Civic Clubs, Aha Kiole Advisory Committee, and Papa Ola Lokahi.  Your Committee received comments on this measure from one individual.

     Your Committee finds that resolution of outstanding issues relating to the income and proceeds from the lands of the public land trust between November 7, 1978, and July 1, 2008, has remained unresolved for more than three decades and the Hawaii Supreme Court has ruled that resolution of the issue is primarily the responsibility of the Legislature.  This measure would support the efforts of the Office of Hawaiian Affairs and the Executive Branch to formulate and submit a recommendation to the Legislature for the past due resolution of this issue.

     Your Committee commends the parties for their willingness to engage in these critical discussions in a timely and forthright manner.

     Your Committee has amended this measure to clarify the terms of the last agreement regarding the participants, total agreement amount, and period referenced in the agreement.

     As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 147, as amended herein, and recommends that it be referred to the Committee on Judiciary and Labor, in the form attached hereto as S.C.R. No. 147, S.D. 1.

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

____________________________

BRICKWOOD GALUTERIA, Chair