STAND. COM. REP. NO. 102

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 582

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred S.B. No. 582 entitled:

 

"A BILL FOR AN ACT RELATING TO KULEANA LANDS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to prevent the disenfranchising of Native Hawaiians from their familial lands by having the title to any unclaimed kuleana lands held in trust in the Office of Hawaiian Affairs until rightful descendents can be found.

 

     Specifically, the purpose of this measure is to:

 

     (1)  Make the Office of Hawaiian Affairs the trustee of any unclaimed kuleana lands;

 

     (2)  Provide a mechanism whereby descendents of native tenants may make a claim with the Office of Hawaiian Affairs for unclaimed kuleana lands; and

 

     (3)  Prohibit quiet title actions or adverse possession claims for kuleana lands.

 

     Testimony in support of this measure was submitted by one organization and one public citizen.  One state agency and one organization supported the intent of this measure.  Copies of written testimony are available for review on the Legislature's website.

 

     Your Committee finds that there have been countless historical instances of persons using various means to disenfranchise Native Hawaiian families and longtime kama‘aina from their family kuleana lands.  This practice continues today through various legal practices.  The system of traditional land and ocean resource management used in Hawai‘i relied on natural contours of the land for geographical boundaries.  These boundaries are often affected by adverse possession of kuleana lands.

 

Your Committee further finds that the Office of Hawaiian Affairs is the appropriate agency to serve as trustee because of their deep commitment to the protection of rights to kuleana lands.

 

Your Committee has amended this measure by:

 

     (1)  Amending section 560:2-105.5, Hawaii Revised Statutes, to conform the probate code to the requirements of this measure; and

 

     (2)  Making technical, nonsubstantive changes for style and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 582, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 582, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land, Agriculture, and Hawaiian Affairs,

 

		____________________________ CLAYTON HEE, Chair