Bill Text: HI SB3029 | 2016 | Regular Session | Amended
Bill Title: Department of Hawaiian Home Lands; Administrative and Operating Expenses; Appropriation ($)
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-02-18 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB3029 Detail]
Download: Hawaii-2016-SB3029-Amended.html
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THE SENATE |
S.B. NO. |
3029 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.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. The legislature finds that article XII, section 1, of the state constitution requires the legislature to make sufficient sums available for the following purposes:
(1) Development of home, agriculture, farm and ranch lots;
(2) Home, agriculture, aquaculture, farm and ranch loans;
(3) Rehabilitation projects to include, but not limited to, educational, economic, political, social and cultural processes by which the general welfare and conditions of native Hawaiians are thereby improved; and
(4) The administration and operating budget of the department of Hawaiian home lands,
by appropriating funds in the manner provided by law.
The legislature further finds that the supreme court of Hawaii has determined that what constitutes "sufficient sums" for the department of Hawaiian home lands' administrative and operating expenses "is justiciable and not barred as a political question." Nelson v. Hawaiian Homes Comm'n, 127 Hawaii 185, 206, 277 P.3d 279, 300 (2012). This decision allowed the Nelson plaintiffs to proceed with a lawsuit against the State for failing to provide sufficient funding for the department of Hawaiian home lands' administrative and operating expenses.
The legislature further finds that on November 27, 2015, the circuit court of the first circuit of the State of Hawaii issued its Findings of Fact, Conclusions of Law, and Order in Nelson v. Hawaiian Homes Comm'n, Civil No. 07-1-1663-083. The circuit court found that since 1978, the legislature has not appropriated enough general funds to pay for the department of Hawaiian home lands' administrative and operating expenses. The circuit court noted that the legislature appropriated $9,632,000 in general funds to the department of Hawaiian home lands for administrative and operating expenses for fiscal year 2015–2016, which was less than the department's request for $28,478,966 in general funds. The court determined that the department of Hawaiian home lands "suffers from a lack of funding..., which adversely affects beneficiaries of the Hawaiian Home Lands Trust," and declared that the legislature is constitutionally obligated to appropriate "more than $28 million for fiscal year 2015–16" in general funds for the department of Hawaiian home lands' administrative and operating budget.
The purpose of this Act is to ensure the legislature fulfills its responsibility under article XII, section 1, of the state constitution by appropriating sufficient general funds for the administration and operating expenses of the department of Hawaiian home lands for fiscal years 2015-2016 and 2016–2017.
The legislature intends that the appropriation in this Act be made in addition to the appropriations made to the department of Hawaiian home lands in Act 119, Session Laws of Hawaii 2015.
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 for the administrative and operating expenses of the department of Hawaiian home lands.
The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for the administrative and operating expenses of the department of Hawaiian home lands.
The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.
SECTION 4. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2016.
Report Title:
Department of Hawaiian Home Lands; Administrative and Operating Expenses; Appropriation
Description:
Ensures the legislature fulfills its responsibility under article XII, section 1, of the state constitution by appropriating sufficient general funds for the administrative and operating expenses of the department of Hawaiian home lands for fiscal years 2015-2016 and 2016–2017. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
