STAND. COM. REP. NO. 3695

Honolulu, Hawaii

RE:    H.C.R. No. 188

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.C.R. No. 188, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE ESTABLISHMENT OF A PUBLIC LAND TRUST REVENUES NEGOTIATING COMMITTEE,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish a negotiating committee to resolve the matter of the appropriate amount of income and proceeds from the pro rata portion of the public land trust that the Office of Hawaiian Affairs shall receive annually under the state constitution and other state law.

     Specifically, this measure establishes a negotiating committee comprised of members representing the Senate, the House of Representatives, the Governor, and the Office of Hawaiian Affairs.

     Your Committee received written comments in support of this measure from the Office of Hawaiian Affairs, Aha Punana Leo, Association of Hawaiian Civic Clubs, Kalihi Palama Hawaiian Civic Club, and six individuals.

     Your Committee received written comments in opposition to this measure from one individual.

     Your Committee received comments on this measure from the Department of Budget and Finance.

     Your Committee finds that, as an "interim measure," Act 178, Session Laws of Hawaii 2006, set the Office of Hawaiian Affairs' pro rata share of the income and proceeds from the public land trust at $15,100,000.  Your Committee also finds that Act 15, Session Laws of Hawaii 2012, was enacted to settle claims of the Office of Hawaiian Affairs, relating to its pro rata share of the income and proceeds from the public land trust, for the period from November 7, 1978, to June 30, 2012.  Your Committee notes, however, that Act 15 did not address the State's constitutional obligations relating to the Office of Hawaiian Affairs' pro rata share of the income and proceeds from the public land trust after June 30, 2012.

     Your Committee has amended this measure by:

     (1)  Clarifying that the negotiating committee shall be convened by the Governor and placed within the Office of the Governor for administrative purposes;

     (2)  Clarifying that the negotiating committee shall be chaired by the Governor or the Governor's designee; and

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

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 188, H.D. 1, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 188, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

JILL N. TOKUDA, Chair