Bill Text: HI SCR162 | 2016 | Regular Session | Amended
Bill Title: Office of Hawaiian Affairs; Public Land Trust
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2016-03-29 - Report adopted, as amended (SD 1) and referred to WAM. [SCR162 Detail]
Download: Hawaii-2016-SCR162-Amended.html
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THE SENATE |
S.C.R. NO. |
162 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
REQUESTING THE ESTABLISHMENT OF THE PUBLIC LAND TRUST REVENUES NEGOTIATING COMMITTEE.
WHEREAS, the first stated purpose of Act 178, Session Laws of Hawaii 2006 (Act 178), was to "[p]rovide 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 carried out this purpose by requiring that "until 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 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, Act 15, Session Laws of Hawaii 2012 (Act 15), later implemented an agreement for the State to convey land in Kakaako Makai on Oahu valued at approximately $200,000,000 to the Office of Hawaiian Affairs to settle claims of the Office of Hawaiian Affairs for income and proceeds from the public land trust for the period from November 7, 1978, through June 30, 2012; and
WHEREAS, Act 15 did not address the State's constitutional obligation to provide the pro rata share of the income and proceeds from the public land trust to the Office of Hawaiian Affairs after June 30, 2012; and
WHEREAS, because Act 178 was enacted a decade ago, it is now appropriate for the State and the Office of Hawaiian Affairs to reexamine the Office's pro rata portion of the public land trust of $15,100,000 per year in light of the information, data, and facts provided to this body by state agencies concerning revenues of the public land trust over the last three fiscal years; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, the House of Representatives concurring, that a public land trust revenues negotiating committee be established; and
BE IT FURTHER RESOLVED that the negotiating committee consist of the President of the Senate or the President's designee, the Speaker of the House of Representatives or the Speaker's designee, the Governor or the Governor's designee, and the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs or the Chairperson's designee; and
BE IT FURTHER RESOLVED that the negotiating committee discuss the monies that the Office of Hawaiian Affairs is to receive as its pro rata portion of the public land trust; and
BE IT FURTHER RESOLVED that the negotiating committee submit a status report of its discussions to the Legislature no later than twenty days prior to the convening of the Regular Session of 2017, and submit a final report containing the negotiating committee's findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2018; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Governor, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, Attorney General, Chairperson of the Board of Land and Natural Resources, and Director of Finance.
Office of Hawaiian Affairs; Public Land Trust
