STAND. COM. REP. NO. 2294

Honolulu, Hawaii

RE:    S.B. No. 3029

       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. 3029 entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF HAWAIIAN HOME LANDS,"

begs leave to report as follows:

     The purpose and intent of this measure is to appropriate funds for the administrative and operating expenses of the Department of Hawaiian Home Lands.

     Your Committee received testimony in support of this measure from the Department of Hawaiian Home Lands; Association of Hawaiian Civic Clubs; Ka Lāhui Hawai‘i Political Action Committee; Paukukalo Hawaiian Homes Community Association; Waimānalo Hawaiian Homes Association; Keaukaha Community Association; Kalama‘ula Mauka Homestead Association; Pana‘ewa Hawaiian Home Lands Community Association; Kailapa Community Association; Kapaakea Hawaiian Homestead Association; Moku O Keawe Homestead Alliance; KAFarmers Hui; Ho‘omana Pono, LLC; Auamo I Na Alaka‘i; Papakolea Community Development Corporation; and forty-six individuals.  Your Committee received testimony in opposition to this measure from the Center for Hawaiian Sovereignty Studies.

     Your Committee finds that the Hawaii State Constitution requires the Legislature to fund the administration and operating budget of the Department of Hawaiian Home Lands.  Your Committee also finds that the appropriation to the Department of Hawaiian Home Lands for fiscal year 2015-2016 does not fully fund the administrative and operating expenses of the Department.

     Accordingly, your Committee has amended this measure by:

     (1)  Adding a blank appropriation for the Department of Hawaiian Home Lands for fiscal year 2015-2016;

     (2)  Removing the amount of the appropriation for fiscal year 2016-2017;

     (3)  Changing the effective date of the measure to be upon approval; provided that the appropriation for fiscal year 2016-2017 shall be effective on July 1, 2016; and

     (4)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     Your Committee has heard the testimony of the Department of Hawaiian Home Lands and others asserting that the funds appropriated to the Department have been insufficient.  Accordingly, your Committee requests that if your Committee on Ways and Means chooses to hear this measure that it appropriate funds to bring the total appropriation for the Department for fiscal year 2015-2016 to $28,000,000, and also appropriate $28,000,000 for the Department for fiscal year 2016-2017.

     Your Committee also affirms that by law, the total appropriation of funds to any department or establishment in the State is and shall be set by the Legislature.  This measure may not in any way be interpreted as a concession of this authority.

     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. 3029, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3029, 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