STAND. COM. REP. 499

Honolulu, Hawaii

, 2003

RE: H.B. No. 89

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 89, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HAWAIIAN AFFAIRS,"

begs leave to report as follows:

The purpose of this bill is to establish a temporary Hawaiian issues office to monitor federal legislation affecting Hawaiians within the Office of the Lieutenant Governor.

In particular, the bill:

(1) Establishes a temporary Hawaiian issues office within the Office of the Lieutenant Governor;

(2) Provides that the Lieutenant Governor shall appoint the director of the office, which may be located in Washington, D.C.;

(3) Provides that the purpose of office is to:

(a) Monitor federal legislation and programs that impact native Hawaiians and Hawaiians;

(b) Serve as the State's clearinghouse in Washington, D.C., to provide information on and support for federal legislation to recognize native Hawaiians and their right to self-governance;

(c) Coordinate state efforts in support of federal recognition of native Hawaiians;

(d) Serve as liaison between the state and federal governments on Hawaiian issues; and

(e) Analyze proposed and pending federal legislation on Hawaiian issues.

(4) Requires the office to submit an annual report to the Lieutenant Governor and the Legislature; and

(5) Appropriates funds to establish the temporary office of Hawaiian issues.

Your Committee finds that legislation is expected to be introduced in the United States Congress by members of Hawaii's delegation that will be identical to the earlier native Hawaiian recognition bill, often called the Akaka bill, that was before the 107th Congress. The United State's Supreme Court's decision in Rice v. Cayetano opened the door to litigation resulting in unexpected, costly legal expenses for the State, as well as the Office of Hawaiian Affairs.

Because federal recognition of native Hawaiians is critical to the survival of a number of long-standing programs such as the Office of Hawaiian Affairs, the Department of Hawaiian Home Lands, Kamehameha Schools, and many federal programs that benefit native Hawaiians and Hawaiians, a state presence in Washington, D.C., is crucial. The State has a duty to preserve and protect programs that assist Hawaiians and, in particular, to promote understanding of the importance of federal recognition of native Hawaiians by actively supporting passage of the Akaka bill's successor.

Given the support for resolving Hawaiian issues evidenced by the Governor and her administration, the new presence established by the Office of Hawaiian Affairs in Washington, D.C., and the support and interest of the Hawaiian community, your Committee believes that now is the time for active participation by all parties, working together to ensure federal recognition of native Hawaiians and their right to self-governance. Your Committee believes that this measure's establishment of a temporary Hawaiian issues office within the Office of the Lieutenant Governor to work towards federal recognition of native Hawaiians and to monitor federal legislation impacting Hawaiians will benefit not only native Hawaiians and Hawaiians, but all residents of the State.

In designating the Office of the Lieutenant Governor as the expending agency for the measure's appropriation, your Committee requested that the Lieutenant Governor's appointee to the temporary Hawaiian issues office coordinate the office's efforts in Washington, D.C. with the efforts of the Washington, D.C., Office of Hawaiian Affairs. The affirmative response from the Office of the Lieutenant Governor assured your Committee that the temporary office of Hawaiian issues will seek such collaborative efforts.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 89, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Finance.

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

 

____________________________

EZRA R. KANOHO, Chair