Bill Text: HI HB1227 | 2023 | Regular Session | Introduced

Hawaii House Bill 1227 (Prior Session Legislation)

Introduced

Bill Title: Relating To The Public Trust Lands.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-01-30 - Referred to WAL, JHA, FIN, referral sheet 3 [HB1227 Detail]

Download: Hawaii-2023-HB1227-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1227
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE PUBLIC TRUST LANDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature recognizes that pursuant to Act 15, Session Laws of Hawaii 2012 (Act 15), the fee simple interest to nine parcels of land in the Kakaako Makai area were conveyed to the office of Hawaiian affairs as grantee, as of July 1, 2012. The conveyance was made in light of the State's obligation to native Hawaiians under article XII, sections 4 and 6, of the State Constitution.

The legislature also recognizes that Act 15 contradicts itself on whether the Act is binding, and prohibits any future attempts by the office of Hawaiian affairs to pursue certain interests on behalf of native Hawaiians. One the one hand, section 3 of the Act 15 states in part that certain claims or suits are "forever extinguished and barred and may not be brought by the office, or by any other person or entity claiming by, through, or under the office" of Hawaiian affairs. On the other hand, section 1 of Act 15 states in part that the Act "is an expression of legislative policy, not a settlement or a contract". Further, section 9 of Act 15 states in part that "[n]othing in this Act limits the legislature's exclusive authority to enact laws". The legislature believes that these internal contradictions must be resolved.

Accordingly, the purpose of this Act is to formally recognize that the office of Hawaiian affairs is not barred from pursuing and may negotiate the resolution of claims under sections 4 and 6 of article XII of the Constitution of the State of Hawaii or any related statute or act.

SECTION 2. (a) Notwithstanding any contrary provision within Act 15, Session Laws of Hawaii 2012, the State recognizes that the office of Hawaiian affairs is not barred from pursuing and may negotiate with respect to any claim the office may have or may have had to the portion of income and proceeds, or any other tangible right, item, or benefit related to said income and proceeds, from the public land trust lands under sections 4 and 6 of article XII of the Constitution of the State of Hawaii or any related statute or act, not heretofore settled upon by the State and the office of Hawaiian affairs.

(b) No later than , the governor shall appoint the attorney general or other persons to negotiate a settlement with the office of Hawaiian affairs with respect to the claims referenced in subsection (a).

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

OHA; Native Hawaiians; Properties; Kakaako Makai; Claims

Description:

Formally recognizes that the Office of Hawaiian Affairs is not barred from pursuing and may negotiate with respect to public land trust claims not addressed in Act 15, Session Laws of Hawaii 2012.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.