CONFERENCE COMMITTEE REP. NO.25

Honolulu, Hawaii

, 2001

RE: S.B. No. 1102

S.D. 2

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1102, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to provide Hawaiian homestead communities with a greater level of self-determination by:

(1) Reaffirming the federal trust relationship between the indigenous people of Hawaii and the federal government; and

(2) Allowing the delegation of authority from the Department of Hawaiian Home Lands to homestead community organizations.

Your Committee on Conference finds that this measure reaffirms the State's and the federal government's trust obligations as established under the Hawaiian Homes Commission Act of 1920, as amended (HHCA) and provides existing lessees and their homestead associations with a greater level of self determination with regard to how their communities would be managed and improved.

Your Committee also finds that in light of the recent court cases filed in federal court challenging the validity of and the entitlements bestowed by the HHCA, the addition of a section to the HHCA reaffirming the State's and the federal government's trust relationship with HHCA beneficiaries seems prudent in that the addition could serve as a basis by which to defend the rights of HHCA beneficiaries.

However, your Committee on Conference has concerns regarding the plight of qualifying native Hawaiians who are on the waiting list to obtain a Hawaiian homestead lot. The measure as received by your Committee makes no mention of including this class of beneficiaries, potentially placing their future rights to Hawaiian home lands and the resources that the HHCA and the Department of Hawaiian Home Lands provide in jeopardy, if a federal court rules against the validity of the HHCA.

Upon further consideration, your Committee on Conference has amended the measure by:

(1) Requiring that in order to qualify for self governance, a homestead community association must also represent and include native Hawaiians who have designated that homestead community as their primary choice of residence and who are awaiting an award of a lease under the HHCA in their membership;

(2) Requiring that rules adopted by the Department of Hawaiian Home Lands governing the empowerment of community associations be done in accordance with chapter 91, Hawaii Revised Statutes; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and style.

Your Committee on Conference wishes to make clear that the purpose of this measure is to provide for greater self-determination by native Hawaiians residing on Hawaiian home lands over the affairs of their communities, and not to advocate sovereignty.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1102, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1102, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

ERIC G. HAMAKAWA, Chair

____________________________

JONATHAN CHUN, Chair

____________________________

BRIAN KANNO, Co-Chair