Report Title:
Office of Hawaiian Affairs; Transfer of Powers
Description:
Provides for the transfer of the powers of the office of Hawaiian affairs and the moneys owed as its pro rata share of public land trust revenues to the department of Hawaiian home lands if an unappealable federal court decision determines that the existence of the office of Hawaiian affairs is in violation of the United States Constitution.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2238 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to Hawaiian affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 204.5, Hawaiian Homes Commission Act, is amended to read as follows:
"§204.5. Additional powers. In addition and supplemental to the powers granted to the department by law, and notwithstanding any law to the contrary, the department may:
(1) With the approval of the governor, undertake and carry out the development of any Hawaiian home lands available for lease under and pursuant to section 207 of this Act by assembling these lands in residential developments and providing for the construction, reconstruction, improvement, alteration, or repair of public facilities therein, including, without limitation, streets, storm drainage systems, pedestrian ways, water facilities and systems, sidewalks, street lighting, sanitary sewerage facilities and systems, utility and service corridors, and utility lines, where applicable, sufficient to adequately service developable improvements therein, sites for schools, parks, off-street parking facilities, and other community facilities;
(2) With the approval of the governor, undertake and carry out the development of available lands for homestead, commercial, and multipurpose projects as provided in section 220.5 of this Act, as a developer under this section or in association with a developer agreement entered into pursuant to this section by providing for the construction, reconstruction, improvement, alteration, or repair of public facilities for development, including, without limitation, streets, storm drainage systems, pedestrian ways, water facilities and systems, sidewalks, street lighting, sanitary sewerage facilities and systems, utility and service corridors, and utility lines, where applicable, sufficient to adequately service developable improvements therein, sites for schools, parks, off-street parking facilities, and other community facilities;
(3) With the approval of the governor, designate by resolution of the commission all or any portion of a development or multiple developments undertaken pursuant to this section an "undertaking" under part III of chapter 39, Hawaii Revised Statutes; [and]
(4) Exercise the powers granted under section 39-53, Hawaii Revised Statutes, including the power to issue revenue bonds from time to time as authorized by the legislature[.]; and
(5) Exercise the powers granted to the office of Hawaiian affairs under article XII of the Constitution of the State of Hawaii and chapter 10, Hawaii Revised Statutes, if an unappealable federal court decision determines that the existence of the office of Hawaiian affairs is in violation of the United States Constitution.
All provisions of part III of chapter 39, Hawaii Revised Statutes, shall apply to the department and all revenue bonds issued by the department shall be issued pursuant to the provisions of that part, except these revenue bonds shall be issued in the name of the department, and not in the name of the State.
As applied to the department, the term "undertaking" as used in part III of chapter 39 shall include a residential development or a development of homestead, commercial, or multipurpose projects under this Act. The term "revenue" as used in part III of chapter 39, shall include all or any portion of the rentals derived from the leasing of Hawaiian home lands or available lands, whether or not the property is a part of the development being financed."
SECTION 2. Chapter 10, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§10- Office of Hawaiian affairs; transfer of authority and revenues; when operative. (a) If an unappealable federal court decision determines that the existence of the office of Hawaiian affairs is in violation of the United States Constitution, then the powers established and proceeds, income, and revenue identified under this chapter shall be transferred from the office of Hawaiian affairs to the department of Hawaiian home lands; provided that any moneys transferred to the department of Hawaiian home lands from the office of Hawaiian affairs pursuant to this section shall be expended or administered in accordance with the Hawaiian Homes Commission Act of 1920, as amended.
(b) Upon receiving notification of the unappealable federal court decision that determined that the existence of the office of Hawaiian affairs is in violation of the United States Constitution, the governor shall issue a declaration that establishes a date upon which the transfer described in subsection (a) is to occur. The governor shall have the power to do all things necessary to effectuate the expedient transfer described in subsection (a); provided that the governor shall report to the legislature, not later than twenty days prior to the convening of the regular session immediately succeeding the transfer, all actions taken pursuant to this section."
SECTION 3. The provisions of the amendments made by section 1 of this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon the ratification of a state constitutional amendment that authorizes the transfer of powers of the office of Hawaiian affairs and the moneys owed as its pro rata share of public land trust revenues to the department of Hawaiian home lands if an unappealable federal court decision determines that the existence of the office of Hawaiian affairs is in violation of the United States Constitution.
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INTRODUCED BY: |
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