Bill Text: HI HB1093 | 2018 | Regular Session | Introduced
Bill Title: Relating To The Qualification Of Successors To Lessees Under The Hawaiian Homes Commission Act, 1920, As Amended.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB1093 Detail]
Download: Hawaii-2018-HB1093-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1093 |
TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE QUALIFICATION OF SUCCESSORS TO LESSEES UNDER THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 209 of the Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (a) to read as follows:
"§209. Successors to lessees. (a)
Upon the death of the lessee, the lessee's interest in the tract or tracts and
the improvements thereon, including growing crops and aquacultural stock
(either on the tract or in any collective contract or program to which the
lessee is a party by virtue of the lessee's interest in the tract or tracts),
shall vest in the relatives of the decedent as provided in this paragraph.
From the following relatives of the lessee who are (1) at least [one-quarter]
one thirty-second Hawaiian, husband, wife, children, grandchildren,
brothers, or sisters, or (2) native Hawaiian, father and mother, widows or
widowers of the children, widows or widowers of the brothers and sisters, or
nieces and nephews,--the lessee shall designate the person or persons to whom
the lessee directs the lessee's interest in the tract or tracts to vest upon
the lessee's death. The Hawaiian blood requirements shall not apply to the
descendants of those who are not native Hawaiians but who were entitled to the
leased lands under section 3 of the Act of May 16, 1934 (48 Stat. 777, 779), as
amended, or under section 3 of the Act of July 9, 1952 (66 Stat. 511, 513). In
all cases that person or persons need not be eighteen years of age. The
designation shall be in writing, may be specified at the time of execution of
the lease with a right in the lessee in similar manner to change the
beneficiary at any time and shall be filed with the department and approved by
the department in order to be effective to vest the interests in the successor
or successors so named.
In case of the death of any lessee, except as hereinabove provided, who has failed to specify a successor or successors as approved by the department, the department may select from only the following qualified relatives of the decedent:
(1) Husband or wife; or
(2) If there is no husband or wife, then the children; or
(3) If there is no husband, wife, or child, then the grandchildren; or
(4) If there is no husband, wife, child, or grandchild, then brothers or sisters; or
(5) If there is no husband, wife, child, grandchild, brother, or sister, then from the following relatives of the lessee who are native Hawaiian: father and mother, widows or widowers of the children, widows or widowers of the brothers and sisters, or nieces and nephews.
The rights to the use and occupancy of the tract or tracts may be made effective as of the date of the death of the lessee.
In the case of the death of a lessee leaving no designated successor or successors, husband, wife, children, grandchildren, or relative qualified to be a lessee of Hawaiian home lands, the land subject to the lease shall resume its status as unleased Hawaiian home lands and the department is authorized to lease the land to a native Hawaiian as provided in this Act.
Upon the death of a lessee who has not designated a successor and who leaves a spouse not qualified to succeed to the lease or children not qualified to succeed to the lease, or upon the death of a lessee leaving no relative qualified to be a lessee of Hawaiian home lands, or the cancellation of a lease by the department, or the surrender of a lease by the lessee, the department shall appraise the value of all the improvements and growing crops or improvements and aquacultural stock, as the case may be, and shall pay to the nonqualified spouse or the nonqualified children as the lessee shall have designated prior to the lessee's death, or to the legal representative of the deceased lessee, or to the previous lessee, as the case may be, the value thereof, less any indebtedness to the department, or for taxes, or for any other indebtedness the payment of which has been assured by the department, owed by the deceased lessee or the previous lessee. These payments shall be made out of the Hawaiian home loan fund and shall be considered an advance therefrom and shall be repaid by the successor or successors to the tract involved. If available cash in the Hawaiian home loan fund is insufficient to make these payments, payments may be advanced from the Hawaiian home general loan fund and shall be repaid by the successor or successors to the tract involved; provided that any repayment for advances made from the Hawaiian home general loan fund shall be at the interest rate established by the department for loans made from the Hawaiian home general loan fund. The successor or successors may be required by the commission to obtain private financing in accordance with section 208(6) to pay off the amount advanced from the Hawaiian home loan fund or Hawaiian home general loan fund."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon the approval of the Governor of the State of Hawaii and with the consent of the United States.
INTRODUCED BY: |
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BY REQUEST
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Report Title:
Hawaiian Home Lands; Lease Successors
Description:
Lowers the required blood quantum to one thirty-second Hawaiian for the lessee's relatives currently eligible to succeed to a lease with one-quarter Hawaiian including a lessee's husband, wife, children, grandchildren, brothers, or sisters.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.