STAND. COM. REP. NO.  687-12

Honolulu, Hawaii

                , 2012

RE:   H.C.R. No. 6

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Hawaiian Affairs and Health, to which was referred H.C.R. No. 6 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE STATE'S FULL COMPLIANCE WITH SECTION 5 OF ACT 178, SESSION LAWS OF HAWAII 2006,"

beg leave to report as follows:

The purpose of this measure is to request the State's full compliance with section 5 of Act 178, Session Laws of Hawaii (SLH) 2006, which requires the Department of Land and Natural Resources with cooperation from other State departments and agencies that use or manage public lands, to provide an accounting of all receipts from those lands described in section 5(f) of the Admission Act.

The Office of Hawaiian Affairs, Oahu Council of the Association of Hawaiian Civic Clubs, Kuakini Hawaiian Civic Club of Kona, and several concerned individuals supported the measure.  Aupuni O Hawaii opposed the measure.  The Department of Land and Natural Resources, Hawaii Public Housing Authority, and Hawaii Housing Finance and Development Corporation offered comments on the measure.

     Your Committees note that some of the State departments and agencies that use or manage public trust lands need to be more transparent in their reporting of all revenues generated from the use of those lands.  For example, while section 5 of Act 178, SLH 2006, 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 accounting.

     Your Committees have amended the measure by:

     (1)  Removing references to the Hawaii Public Housing Authority, the Hawaii Health Systems Corporation, and the Hawaii Housing Finance and Development Corporation being non-compliant, because these departments and agencies have either provided an accounting of receipts or are currently working to provide an accounting of receipts from lands described in section 5(f) of the Admission Act as required by section 5 of Act 178, SLH 2006;

     (2)  Instead of mentioning specific State departments and agencies, requesting the Governor to direct all State departments or agencies to provide an accounting of all receipts from lands described in section 5(f) of the Admission Act as required by section 5 of Act 178, SLH 2006; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs and Health that are attached to this report, your Committees concur with the intent and purpose of H.C.R. No. 6, as amended herein, and recommend that it be referred to the Committees on Water, Land, & Ocean Resources and Housing, in the form attached hereto as H.C.R. No. 6, H.D. 1.

Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs and Health,

____________________________ RYAN I. YAMANE, Chair

____________________________ FAYE HANOHANO, Chair