SB1235

SECTION 1. The purpose of this Act is to clarify the purpose of the working group established by Act 226, Session Laws of Hawaii 2022, by specifying that the working group shall be a temporary public land trust working group and will be placed within the office of the governor for administrative purposes only. The working group shall have the sole, special purpose of compiling a definitive inventory of the lands that comprise the public land trust described in section 4, and referred to in section 6, of article XII of the state constitution. The legislature intends that this inventory will be the basis for future legislation to determine the income and proceeds from the pro rata portion of the public land trust under article XII, section 6, of the state constitution for expenditure by the office of Hawaiian affairs for the betterment of the conditions of native Hawaiians.

SECTION 2. Act 226, Session Laws of Hawaii 2022, is amended by amending section 3 to read as follows:

"SECTION 3. (a) There is established in the office of the governor for administrative purposes only a temporary public land trust working group [~~to:~~

~~(1)~~ ~~Account for~~] that shall have the special purpose of compiling an inventory of all [~~ceded~~] lands in the public land trust [~~inventory;~~

~~(2)~~ ~~Account for all income and proceeds from the public land trust; and~~

~~(3)~~ Subsequently determine the twenty per cent pro rata share of income and proceeds from the public land trust due annually to the office of Hawaiian affairs for the betterment of the conditions of Native Hawaiians]. The working group shall use its reasonable best efforts to complete the inventory within twenty-four months of the effective date of Act , Session Laws of Hawaii 2023.

(b) The working group shall [~~be comprised of~~] comprise six members, [~~three~~] one of whom [~~three~~] shall be appointed by the governor, one of whom shall be appointed by the speaker of the house of representatives, one of whom shall be appointed by the president of the senate, and three of whom shall be appointed by the office of Hawaiian affairs board of trustees.

[(c) The working group, with the cooperation of any department or agency that uses, manages, or receives income, proceeds, or any other funds derived from the public land trust, shall prepare and submit a report of its findings and recommendations, including any proposed legislation and the amount it determines for the annual amount of the twenty per cent pro rata share of income and proceeds from the public land trust, to the legislature.

~~(d) The office of Hawaiian affairs shall provide any necessary administrative support, including preparation of the report required by subsection (c), to the working group.~~]

(c) All state agencies shall identify and provide full cooperation and access to information requested by the working group regarding all lands under the agency's ownership or control, whether the land is owned by the agency in fee or set aside by executive order, to the extent required by the working group to fulfill its purpose of identifying all lands in the public land trust inventory.

(d) The office of Hawaiian affairs shall provide the working group with a comprehensive list of all parcels of land that the office of Hawaiian affairs believes:

(1) Are required to be included in the public land trust inventory; and

(2) Constitute crown lands that should be included in the public land trust inventory.

(e) The members of the working group shall appoint, without regard to chapters 76 and 89, Hawaii Revised Statutes, an executive director who shall serve at the pleasure of the working group. The executive director shall oversee the day-to-day operations of the working group and perform other functions as directed by the working group, including procuring any professional and other services necessary to complete the inventory of the public land trust. The executive director's salary shall be determined by the working group.

(f) The working group may employ, without regard to chapters 76 and 89, Hawaii Revised Statutes, and at its pleasure dismiss, other persons whom the working group deems necessary for the performance of its functions. The working group may fix the compensation of any persons employed pursuant to this subsection.

(g) The working group shall submit an annual report on the progress of its work to the legislature no later than twenty days prior to the convening of each regular session. The working group shall further submit interim progress reports to the legislature, office of Hawaiian affairs, and governor by the close of each fiscal quarter."

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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to carry out the purposes of this Act, including the hiring of necessary staff, purchasing of equipment, and procurement of professional and other services.

The sums appropriated shall be expended by the office of the governor for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1235
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII