Bill Text: HI HB1971 | 2010 | Regular Session | Amended
Bill Title: Department of Hawaiian Home Lands; Public Land Trust Revenues
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-02-03 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on WLO with none voting no (0) and none excused (0). [HB1971 Detail]
Download: Hawaii-2010-HB1971-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1971 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE DEPARTMENT OF HAWAIIAN HOME LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 26-17, Hawaii Revised Statutes, is amended to read as follows:
"§26-17 Department of Hawaiian home lands. (a) The department of Hawaiian home lands shall be headed by an executive board to be known as the Hawaiian homes commission.
(b) The commission shall be composed of nine members. The appointment, tenure, and removal of the members and the filling of vacancies on the commission shall be in accordance with section 26-34 and section 202(a) of the Hawaiian Homes Commission Act of 1920, as amended. The governor shall appoint the chairperson of the commission from among the members thereof.
(c) The commission may delegate to the chairperson such duties, powers, and authority, or so much thereof as may be lawful or proper, for the performance of the functions vested in the commission.
(d) The chairperson of the board shall serve in a full-time capacity and shall perform such duties, and exercise such powers and authority, or so much thereof as may be delegated to the chairperson by the board.
(e) The department shall administer the
Hawaiian Homes Commission Act of 1920 as set forth in the Hawaii Constitution
[of the State] and by law.
(f) Five per cent of all revenue derived from the public land trust shall be expended by the department for the development of farm and home ownership on as widespread a basis as possible, pursuant to section 171‑18; provided that this shall not be taken from the pro rata portion distributed to the office of Hawaiian affairs under chapter 10.
(g) The departments of agriculture, accounting and general services, business, economic development, and tourism, education, land and natural resources, and transportation (for its harbors division), and any other department or agency that collects receipts from the lands within the public land trust, shall determine and transfer to the department of Hawaiian home lands five per cent of their receipts from the use of lands within the public land trust collected during each fiscal quarter, within thirty days of the close of each fiscal quarter; provided that such transfer is not prohibited by federal law. The governor is authorized to fix the amounts each agency shall transfer to the department of Hawaiian home lands in each quarter by executive order to implement the provisions of this section.
(h) The functions and authority heretofore exercised by the Hawaiian homes commission as heretofore constituted are transferred to the department of Hawaiian home lands established by this chapter.
(i) As used in this section:
"Public land trust" has the same meaning as in section 10-3(1).
"Revenue" means all proceeds, fees, charges, rents, or other income, or any portion thereof, derived from any sale, lease, license, permit, or other similar proprietary disposition, permitted use, or activity, that is situated upon and results from the actual use of lands comprising the public land trust, and including any penalties or levies exacted as a result of a violation of the terms of any proprietary disposition, but excluding any income, proceeds, fees, charges, or other moneys derived through the exercise of sovereign functions and powers including:
(1) Taxes;
(2) Regulatory or licensing fees;
(3) Fines, penalties, or levies;
(4) Registration fees;
(5) Moneys received by any public educational institution, including the University of Hawaii, and the community college system, from its educational programs and ancillary services, such as tuition, registration fees, meals, books, grants, or scholarships;
(6) Interagency and intra-agency administrative fees or assessments;
(7) Moneys derived from or provided in support of penal institutions and programs;
(8) Grants, carry-overs, and pass-throughs;
(9) Federal moneys, including federal-aid, grants, subsidies, and contracts;
(10) Moneys collected from the sale or dissemination of government publications; and
(11) Department of defense proceeds on state-improved lands."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2010.
Report Title:
Department of Hawaiian Home Lands; Public Land Trust Revenues
Description:
Provides that 5% of funds derived from the public land trust shall be expended by the department of Hawaiian home lands for development of farm and home ownership. (HB1971 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
