THE SENATE	S.R. NO.	142
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

SENATE RESOLUTION

REQUESTING THE DEPARTMENT OF HAWAIIAN HOME LANDS TO TAKE CERTAIN ACTIONS TO PREVENT THE MISUSE OF HAWAIIAN HOME LANDS.

WHEREAS, the most important aspect of the Hawaiian Homes Commission Act, 1920, as amended (the Act), is to provide homes to native Hawaiians; and

WHEREAS, certain licensees and private companies have taken advantage of the Act to gain access to Hawaiian home lands, and at below-market rates; and

WHEREAS, the Act should not be used to facilitate windfall profits for licensees and other private companies; and

WHEREAS, the Department of Hawaiian Home Lands has some discretion in imposing certain conditions on the use of Hawaiian home lands; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Department of Hawaiian Home Lands is requested to:

(1) Grant licenses for lots based on fees that are equal to the fair market rental values of the lots; provided that this paragraph is not intended to apply if a licensee is a lessee to a lease under section 207(a) of the Act or is on the Department's waitlist to become a lessee under section 207(a) of the Act; and

(2) Prohibit any licensee from reassigning a license to another party, or leasing any portion of a licensed lot to another party,

in administering section 207(c) of the Act; and

BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is requested to decline to permit any lessee to sublet lodging to any person, including any native Hawaiian or Hawaiian person, if the tract is also used for non-residential purposes, in administering paragraph (5) section 208 of the Act; and

BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is requested to decline to construe sections 220.5(e) and 222(b) of the Act to authorize a:

(1) Lessee awarded a lease pursuant to section 207(a) of the Act to sublet the tract in violation of paragraph (5) of section 208 of the Act, or to sublet the tract; or

(2) Licensee subject to section 207(c) of the Act to act,

in a manner contrary to this measure; and

BE IT FURTHER RESOLVED that this measure is not intended to authorize or request the Department of Hawaiian Home Lands to violate any provision of the Hawaiian Homes Commission Act, 1920, as amended, or any other applicable law; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Hawaiian Homes Commission and Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

OFFERED BY:

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Report Title:

Hawaiian Homes; Native Hawaiians; Leases; Licenses; Properties