STAND. COM. REP. NO. 2375

Honolulu, Hawaii

RE: S.B. No. 2387

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred S.B. No. 2387 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to appropriate 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.

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, Department of Hawaiian Home Lands, and three individuals. Your Committee received testimony in opposition to this measure from the Center for Hawaiian Sovereignty Studies and one individual. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs are vital to the well‑being and financial autonomy of native Hawaiians. Providing important services to the native Hawaiian community requires sufficient funds as mandated by the Hawaii Constitution and Hawaii law.

Your Committee 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 of Hawaiian Home Lands.

Your Committee 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 Office of Hawaiian Affairs is obligated to expend twenty percent of the funds it derives from the public land trust for the purpose of its office.

This measure will ensure that the Department of Hawaiian Home Lands and Office of Hawaiian Affairs receive the monies mandated by the Constitution of the State of Hawaii and Hawaii Revised Statutes to help the native Hawaiian community.

Your Committee has amended this measure by:

(1) Clarifying that the sum appropriated to the Office of Hawaiian Affairs shall be expended by the Office of Hawaiian Affairs for purposes related to Hawaiian home lands; and

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

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. 2387, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2387, 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,

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MAILE S.L. SHIMABUKURO, Chair