THE SENATE

S.B. NO.

402

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO A FINANCIAL REVIEW BY THE OFFICE OF HAWAIIAN AFFAIRS OF COMPLIANCE WITH SECTION 5 OF ACT 178, SESSION LAWS OF HAWAII 2006.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  One of the purposes of Act 178, Session Laws of Hawaii 2006, was to identify revenue-generating public trust lands and the revenue amounts derived from those lands by requiring that the department of land and natural resources provide an annual accounting to the legislature.  Section 5 of Act 178 requires that, no later than January 1 of each year, the department of land and natural resources, with the cooperation of the department of budget and finance and any other state department or agency that uses or manages public lands, provide an accounting of all receipts from lands described in section 5(f) of the Admission Act for the prior fiscal year.  Section 5 of Act 178 also requires that with respect to each receipt, the department of land and natural resources must identify:

     (1)  The total gross amount;

     (2)  The amount transferred to the office of Hawaiian affairs;

     (3)  The amount retained by the State;

     (4)  The account or fund into which the amount specified in paragraph (3) was transferred or deposited;

     (5)  The parcel of land subject to section 5(f) of the Admission Act that generated the receipt, whether by tax map key number, department of land and natural resources inventory number, or other recognizable description; and

     (6)  The state department or agency that received the total gross amount identified in paragraph (1).

     In addition, section 5 of Act 178 requires that the accounting indicate whether any parcel of land described in section 5(f) of the Admission Act was sold or exchanged in the prior fiscal year and, if so, the amount of consideration that the State received for the respective parcels.  Section 5 of Act 178 also requires that the department of land and natural resources consult the office of Hawaiian affairs in determining the method in which the accounting must be conducted.

     Full compliance with Act 178 is critical to fulfilling the State's trust obligation regarding the lands in the public land trust and the office of Hawaiian affairs.  The purpose of this Act is to authorize the office of Hawaiian affairs to conduct a financial review of the State's compliance with section 5 of Act 178.

     SECTION 2.  The office of Hawaiian affairs is authorized to conduct a financial review of the State's compliance with section 5 of Act 178, Session Laws of Hawaii 2006.

     SECTION 3.  The department of land and natural resources, the department of budget and finance, and any other state department or agency that uses or manages public lands shall fully cooperate with and provide assistance to the office of Hawaiian affairs as needed with respect to the financial review conducted pursuant to this Act.  Each department or agency subject to the financial review conducted pursuant to this Act shall respond promptly, and in no event later than thirty days after a request made by the office of Hawaiian affairs, to any financial review-related request made by the office of Hawaiian affairs, including through the provision of records and other information in the course of the financial review.

     SECTION 4.  Funding for the financial review authorized by this Act shall be provided by the office of Hawaiian affairs in an amount to be determined by the office of Hawaiian affairs.

     SECTION 5.  The office of Hawaiian affairs shall submit the findings and recommendations of any financial review that it conducts under this Act, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2015.

     SECTION 6.  This Act shall take effect upon its approval.

 


 


 

Report Title:

Office of Hawaiian Affairs Package; Financial Review; Land Revenue

 

Description:

Authorizes the office of Hawaiian affairs to conduct a financial review of the State's compliance with section 5 of Act 178, Session Laws of Hawaii 2006.  Mandates that each department or agency respond to all financial review-related requests made by the office of Hawaiian affairs no later than thirty days after the request is made.  (SD1)

 

 

 

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