Bill Text: HI HCR188 | 2016 | Regular Session | Amended

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Bill Title: Public Land Trust Revenues Negotiating Committee

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Passed) 2016-04-28 - Received notice of Adoption in House (Hse. Com. No. 663). [HCR188 Detail]

Download: Hawaii-2016-HCR188-Amended.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	188
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 1
STATE OF HAWAII		S.D. 1

HOUSE CONCURRENT

RESOLUTION

 

 

URGING THE CONVENING OF A PUBLIC LAND TRUST REVENUES NEGOTIATING COMMITTEE.

 

 

 

     WHEREAS, Act 178, Session Laws of Hawaii 2006, was enacted with a stated purpose of providing "interim measures to ensure that an adequate amount of income and proceeds is made available to the office of Hawaiian affairs from the pro rata portion of the public land trust, for the betterment of the conditions of native Hawaiians"; and

 

     WHEREAS, Act 178 effectuated this purpose by requiring:

 

"[U]ntil further action is taken by the legislature for this purpose, 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 for each fiscal year beginning with fiscal year 2005-2006 shall be $15,100,000";

 

and

 

     WHEREAS, the second stated purpose of Act 178, Session Laws of Hawaii 2006, was to "[i]dentify revenue-generating public trust lands and the amounts derived from those lands by requiring that the department of land and natural resources provide an annual accounting to the legislature"; and

 

     WHEREAS, subsequently, to address claims of the Office of Hawaiian Affairs, Act 15, Session Laws of Hawaii 2012, was enacted to implement an agreement between the State and the Office of Hawaiian Affairs for the State to convey certain lands in Kakaako Makai on Oahu valued at approximately $200,000,000 to settle the Office of Hawaiian Affairs' claims only for the period from November 7, 1978 up to and including June 30, 2012, relating to the Office of Hawaiian Affairs' portion of the income and proceeds from the public land trust; and

 

     WHEREAS, Act 15 did not, however, address the State's constitutional obligations under article XII, sections 4 and 6, relating to the Office of Hawaiian Affairs' pro rata share of the income and proceeds from the public land trust after June 30, 2012; and

 

     WHEREAS, a decade having passed since the enactment of Act 178, Session Laws of Hawaii 2006, it is now appropriate for the State and the Office of Hawaiian Affairs to reexamine the annual figure of $15,100,000 in light of information, data, and facts provided to the Legislature by state agencies over the last three fiscal years concerning revenues of the public land trust; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, the Senate concurring, that the Governor is requested to convene a Public Land Trust Revenues Negotiating Committee; and

 

     BE IT FURTHER RESOLVED that the Public Land Trust Revenues Negotiating Committee be placed within the Office of the Governor for administrative purposes; and

 

     BE IT FURTHER RESOLVED that the Public Land Trust Revenues Negotiating Committee be comprised of the following members:

 

     (1)  The Governor or the Governor's designee, who shall serve as chairperson of the committee;

 

     (2)  The President of the Senate or the President's designee;

 

     (3)  The Speaker of the House of Representatives or the Speaker's designee; and

 

     (4)  The Chairperson of the Office of Hawaiian Affairs or the Chairperson's designee; and

 

     BE IT FURTHER RESOLVED that the negotiating committee shall engage in discussions with the purpose of resolving the matter of the income and proceeds from the public land trust that the Office of Hawaiian Affairs shall receive annually under the State Constitution and other state law; and

 

     BE IT FURTHER RESOLVED that the negotiating committee shall submit a status report of its discussions to the Legislature no later than twenty days prior to the commencement of the Regular Session of 2017; and

 

     BE IT FURTHER RESOLVED that the negotiating committee shall submit a final report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the commencement of the Regular Session of 2018; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Office of Hawaiian Affairs, Attorney General, Chairperson of the Board of Land and Natural Resources, Director of Finance, Speaker of the House of Representatives, and President of the Senate.

 

 

 

Report Title:

Public Land Trust Revenues Negotiating Committee