REPORT TITLE:
Ceded land revenues


DESCRIPTION:
Establishes a joint committee to study and make recommendations
on all outstanding anticipated public land trust issues.
Requires the legislative auditor to coordinate the resolution of
public land trust issues.  Requires the joint committee and
legislative auditor to submit progress reports to the legislature
prior to the 2000 regular session and final reports to the
legislature prior to the 2001 regular session.  (SB1635 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1635
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC LAND TRUST.



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

 1      SECTION 1.  (a)  There is established a joint committee that
 
 2 shall study and make recommendations on all outstanding
 
 3 anticipated issues it identifies as currently or potentially
 
 4 relating to the public land trust, including the possible set
 
 5 aside and transfer of title to a portion of the public land trust
 
 6 to the office of Hawaiian affairs as partial and or full
 
 7 satisfaction of any past or future obligations under article XII,
 
 8 section 6 of the constitution of the State of Hawaii.
 
 9      (b)  The joint committee shall consist of six members to be
 
10 selected as follows:
 
11      (1)  One appointed by the president of the senate;
 
12      (2)  One appointed by the speaker of the house;
 
13      (3)  One appointed by the governor;
 
14      (4)  Two appointed by the office of Hawaiian affairs; and 
 
15      (5)  One appointed by the chief justice of the supreme court
 
16           or the chief justice's designee to represent the native
 
17           Hawaiian beneficiaries of the public land trust.
 
18      All members of the joint committee shall be appointed no
 
19 later than thirty days after the effective date of this Act.  The
 

 
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 1 joint committee shall convene its initial meeting within thirty
 
 2 days after appointment of the last member.  The committee shall
 
 3 conduct public hearings throughout the State to facilitate
 
 4 discussions and formulate recommendations on issues within the 
 
 5 joint committee's purview.  The committee shall be subject to the
 
 6 requirements of part I of chapter 92, Hawaii Revised Statutes,
 
 7 only when such public hearings are being scheduled or conducted.
 
 8 The office of the auditor shall provide administrative support
 
 9 for the joint committee.
 
10      (c)  The joint committee shall:
 
11      (1)  Submit a progress report to the legislature no later
 
12           than twenty days prior to the convening of the regular
 
13           session of 2000;
 
14      (2)  Submit a final report to the legislature no later than
 
15           twenty days prior to the convening of the regular
 
16           session of 2001; and
 
17      (3)  Cease to exist on June 30, 2001.
 
18      SECTION 2. (a) The auditor shall coordinate the resolution
 
19 of the issues and controversies surrounding the public land trust
 
20 by:
 
21      (1)  In consultation with the joint committee, facilitating
 
22           the identification of those lands within the public
 

 
 
 
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 1           land trust and their assets and natural resources,
 
 2           including mineral rights, water rights, submerged
 
 3           lands, and air space; and
 
 4      (2)  With the cooperation of the department of land and
 
 5           natural resources, the office of Hawaiian affairs, and
 
 6           any other state agency and department that uses or
 
 7           manages those lands within the public land trust,
 
 8           completing a comprehensive inventory and mapping
 
 9           database of all lands within the public land trust and
 
10           currently subject to section 5(f) of the Admission Act.
 
11           The inventory shall include:
 
12           (A)  Identification of fast land parcels by tax map key
 
13                number;
 
14           (B)  Identification of submerged lands;
 
15           (C)  Identification of all natural resources and other
 
16                appurtenances to the public land trust and to
 
17                lands subject to section 5(f) of the Admission
 
18                Act;
 
19           (D)  Identification of the agency that has legal
 
20                jurisdiction of each parcel;
 
21           (E)  Land use and zoning designations;
 
22           (F)  Program uses (if any);
 

 
 
 
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 1           (G)  Terms of any leases or other dispositions; and
 
 2           (H)  Revenues generated by amount, category, and
 
 3                source.
 
 4      (b)  In undertaking the inventory and mapping provided in
 
 5 subsection (a), the auditor shall work with the joint committee
 
 6 established by section 1 of this Act and, to the extent feasible,
 
 7 shall comply with the joint committee's requests.
 
 8      (c)  In complying with the requirements of this section, the
 
 9 auditor shall be exempt from the provisions of chapters 76, 77,
 
10 and 103D, Hawaii Revised Statutes.
 
11      (d)  The auditor shall submit:
 
12      (1)  A progress report to the legislature no later than
 
13           twenty days prior to the convening of the regular
 
14           session of 2000; and
 
15      (2)  A final report to the legislature with copies of the
 
16           inventory, maps, and all audit reports by December 31,
 
17           2001.
 
18      SECTION 3.  There is appropriated out of the general
 
19 revenues of the State of Hawaii the sum of $         or so much
 
20 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
21 of $         or so much thereof as may be necessary for fiscal
 
22 year 2000-2001 for the purposes of defraying the expenses
 

 
 
 
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 1 incurred by the joint committee established in section 1 of this
 
 2 Act.
 
 3      The sums appropriated shall be expended by the office of the
 
 4 auditor for the purposes of this Act.
 
 5      SECTION 4. There is appropriated out of the general revenues
 
 6 of the State of Hawaii the sum of $         or so much thereof as
 
 7 may be necessary for fiscal year 1999-2000 and the sum of $
 
 8 or so much thereof as may be necessary for fiscal year 2000-2001
 
 9 for the activities as identified in section 2 of this Act;
 
10 provided that no funds shall be expended unless separately
 
11 matched on a dollar-for-dollar basis by the office of Hawaiian
 
12 affairs.
 
13      The sums appropriated shall be expended by the office of the
 
14 auditor for the purposes of this Act.
 
15      SECTION 5.  This Act shall take effect on July 1, 1999.