STAND. COM. REP. NO. 2018

Honolulu, Hawaii

RE:    S.B. No. 2124

       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 Hawaiian Affairs, to which was referred S.B. No. 2124 entitled:

"A BILL FOR AN ACT RELATING TO INCREASING THE PAYMENT AMOUNT FOR THE OFFICE OF HAWAIIAN AFFAIRS’ PRO RATA SHARE OF THE PUBLIC LAND TRUST,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require agencies that collect receipts for any disposition of the public land trust to transfer to the Office of Hawaiian Affairs twenty per cent of each receipt from a disposition each fiscal quarter;

     (2)  Return to the Office of Hawaiian Affairs certain monies previously claimed as public land trust overpayments to the office; and

     (3)  Establish a public land trust revenues negotiating committee to determine the amount of income and proceeds from the public land trust that the Office of Hawaiian Affairs should receive annually.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, the Native Hawaiian Chamber of Commerce, Chaminade University of Honolulu, the Makaha Hawaiian Civic Club, the Association of Hawaii Civic Clubs, and sixteen individuals.  Your Committee received testimony in opposition to this measure from Ho‘omana Pono, LLC; and the Center for Hawaiian Sovereignty Studies.  Your Committee received comments on this measure from the Department of the Attorney General, the University of Hawai‘i System, and one individual.

     Your Committee has heard the testimony of the Department of the Attorney General expressing concerns that an increase of the Office of Hawaiian Affairs' share of the receipts from the use of public land trust lands should be determined through negotiation with the State.

     Accordingly, your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     Your Committee has also heard concerns about transparency and about the difficulty of having an even number of members on the negotiating committee.  Your Committee finds that these issues raise concerns that merit further consideration and requests that your Committee on Ways and Means further examine those issues and concerns raised by the testifiers on this measure.

     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. 2124, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2124, S.D. 1, and be referred to your Committee on Ways and Means.

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

________________________________

MAILE S.L. SHIMABUKURO, Chair