THE SENATE	S.B. NO.	2387
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HAWAIIAN HOME LANDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the department of Hawaiian home lands and the office of Hawaiian affairs are vital to the well-being and financial autonomy of the native Hawaiian community. Providing the many important services to native Hawaiian residents requires sufficient funds as mandated by the Hawaii Constitution and the Hawaii Revised Statutes.

The legislature further finds that the department of Hawaiian home lands funding mandate arises from article XII, section 1 of the Hawaii Constitution, which states in pertinent part that the legislature shall make sufficient sums available for the administration and operating budget of the department. The legislature notes that in Nelson v. Hawaiian Homes Commission, 127, Hawaii 195, 277 P.3d 279 (2012), the supreme court of the State of Hawaii determined that the State had not provided sufficient funding to the department as required by the state constitution.

The legislature also finds that the office of Hawaiian affairs is similarly charged with administration of programs that benefit native Hawaiians. In accordance with section 10‑13.5, Hawaii Revised Statutes, the State is obligated to provide the office of Hawaiian affairs with twenty per cent of the funds derived from the public land trust.

The purpose of this Act is to appropriate, from the general fund:

(1) An amount equal to the budget request (for operating and administrative expenses) that is annually submitted by the department of Hawaiian home lands; and

(2) An amount equal to twenty per cent of all funds derived from the public land trust as mandated by 10-13.5, Hawaii Revised Statutes.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2020-2021 for operating and administrative expenses of the department of Hawaiian home lands.

The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2020-2021 pursuant to section 10-13.5, Hawaii Revised Statutes.

The sum appropriated shall be expended by the office of Hawaiian affairs for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2020.

INTRODUCED BY:

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Report Title:

Department of Hawaiian Home Lands; Office of Hawaiian Affairs; Appropriation

Description:

Appropriates funds for the Department of Hawaiian Home Lands and Office of Hawaiian Affairs as mandated by the Constitution of the State of Hawaii and Hawaii Revised Statutes.

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