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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
6 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 1 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
REQUESTING THE STATE'S FULL COMPLIANCE WITH SECTION 5 OF ACT 178, SESSION LAWS OF HAWAII 2006.
WHEREAS, the State of Hawaii has fiduciary responsibilities as the trustee of the public land trust established by section 5(f) of the Admission Act; and
WHEREAS, the Hawaii Supreme Court has repeatedly held that the Legislature has a constitutional obligation to clarify the pro rata portion of revenues derived from the public land trust to which the Office of Hawaiian Affairs is entitled for the benefit of Native Hawaiians under Article XII, sections 4 and 6 of the Hawaii State Constitution; and
WHEREAS, one of the purposes of Act 178, Session Laws of Hawaii 2006, is to identify revenue-generating public trust lands and the amounts derived from those lands by requiring that the Department of Land and Natural Resources provide an annual accounting to the Legislature; and
WHEREAS, section 5 of Act 178 requires that no later than January 1 of each year, the Department of Land and Natural Resources, with the cooperation of the Department of Budget and Finance and any other state department or agency that uses or manages public lands, provide an accounting of all receipts from lands described in section 5(f) of the Admission Act for the prior fiscal year; and
WHEREAS, section 5 of Act 178 also requires that with respect to each receipt, the Department of Land and Natural Resources must identify:
(1) The total gross amount;
(2) The amount transferred to the Office of Hawaiian Affairs;
(3) The amount retained by the State;
(4) The account or fund in which the amount specified in paragraph (3) was transferred or deposited;
(5) The parcel of land subject to section 5(f) of the Admission Act that generated the receipt, whether by tax map key number, Department of Land and Natural Resources inventory number, or other recognizable description; and
(6) The state department or agency that received the total gross amount identified in paragraph (1); and
WHEREAS, section 5 of Act 178 also requires that the Department of Land and Natural Resources consult the Office of Hawaiian Affairs in determining the method in which the accounting must be conducted; and
WHEREAS, while section 5 of Act 178 requires an accounting of all revenues from lands described in section 5(f) of the Admission Act, state departments currently provide to the Department of Land and Natural Resources an accounting of only the revenues they determine should be transferred to the Office of Hawaiian Affairs, resulting in a gap in the accounting; and
WHEREAS, full compliance with Act 178 is critical to fulfilling the State's trust obligation regarding the lands in the public land trust and the Office of Hawaiian Affairs; and
WHEREAS, the Office of Hawaiian Affairs continues to work with the Department of Land and Natural Resources to help ensure the State's compliance with Act 178; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the Senate concurring, that the Governor is requested to direct all state departments or agencies to comply fully with section 5 of Act 178, Session Laws of Hawaii 2006, and provide to the Department of Land Natural Resources an accounting of all receipts from lands described in section 5(f) of the Admission Act for each fiscal year since the enactment of Act 178; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Chairperson of the Board of Land and Natural Resources, the Director of Finance, and the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.
Office of Hawaiian Affairs Package; Requesting the State's Full Compliance with Section 5 of Act 178, SLH 2006.