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THE SENATE |
S.B. NO. |
2640 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAIIAN HOMES COMMISSION ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Therefore, the purpose of this Act is to shorten the waitlist by allowing the department of Hawaiian home lands to provide a beneficiary with a cash award to purchase a residential lot outside of department of Hawaiian home lands trust lands or to pay the beneficiary's existing mortgage note or rent in lieu of awarding the beneficiary a lease.
SECTION 2. The Hawaiian Homes Commission Act, 1920, as amended, is amended by adding a new section to be appropriately designated and to read as follows:
"§ Cash award to beneficiaries. (a)
At the sole discretion of the Hawaiian homes commission, the department
of Hawaiian home lands may expend funds to provide a cash award of
$ to a beneficiary
on the waitlist for the purchase of a residential lot in fee simple located
outside of the department's trust lands, or to pay the beneficiary's existing
mortgage note or rent. The department
shall remove from the waitlist any beneficiary that accepts a cash award.
(b) Any beneficiary that accepts a cash award
shall only relinquish their right to reapply to the waitlist and shall remain
entitled to other rights provided by the Hawaiian Homes Commission Act, 1920,
as amended.
(c)
This section shall not create any entitlement to a cash award. The failure of the Hawaiian Homes commission
to authorize cash awards under this section shall not give rise to breach of
trust or fiduciary duty claims under chapter 673.
(d) The department may expend funds from the Hawaiian home loan fund for the purposes of this Act."
SECTION 3. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on either the date of the Secretary of the Interior's notification letter to the Congressional Committee Chairmen that this Act meets none of the criteria in title 43 Code of Federal Regulations section 48.20 necessitating congressional approval, or on the date that the United States Congress' approval becomes law.
Report Title:
HHCA; DHHL; Cash Award; Waitlist; Mortgage; Rent; Residential Lots
Description:
Amends the Hawaiian Homes Commission Act to authorize the Department of Hawaiian Home Lands to provide cash awards to beneficiaries on the waitlist in lieu of a lease. Requires the Department of Hawaiian Home Lands to remove those beneficiaries from the waitlist. Specifies that beneficiaries that accept a cash reward shall lose their right to return to the waitlist, but they remain entitled to other rights provided by the Hawaiian Homes Commission Act. Takes effect on either the date of the Secretary of the Interior's notification that congressional approval of this Act is unnecessary, or on the date of consent by the United States congress. (SD1)
The summary description
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not legislation or evidence of legislative intent.