STAND. COM. REP. NO. 57

Honolulu, Hawaii

RE: S.B. No. 490

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred S.B. No. 490 entitled:

"A BILL FOR AN ACT RELATING TO COMPLIANCE ON HAWAIIAN HOME LANDS,"

begs leave to report as follows:

The purpose and intent of this measure is to establish a compliance and law enforcement program within the Department of Hawaiian Home Lands to investigate complaints, conduct investigations, and cooperate with law enforcement authorities to ensure compliance with all state laws and rules and county ordinances on Hawaiian home lands.

Your Committee received testimony in support of this measure from the Department of Hawaiian Home Lands and one individual. Your Committee received testimony in opposition to this measure from the Department of Law Enforcement, Department of Public Safety, Sovereign Council of Hawaiian Homestead Associations, and six individuals. Your Committee received comments on this measure from Hui Kako‘o ‘Āina Ho‘opulapula.

Your Committee finds that illegal activity on Hawaiian home lands threatens the health and safety of homestead communities. Your Committee has heard testimony from a homestead leader and the Department of Hawaiian Home Lands expressing concerns that better coordination is needed between law enforcement agencies who routinely decline responding to illegal activities on homestead lands citing their lack of jurisdiction. Your Committee finds that establishing a law enforcement agency within the Department of Hawaiian Home Lands would be beneficial to residents and promote peace, safety, and order. Therefore, this measure appropriates funds to establish a compliance and enforcement program within the Department of Hawaiian Home Lands to investigate complaints, conduct investigations, and cooperate with enforcement authorities to ensure compliance with all state laws and rules and county ordinances on Hawaiian home lands.

Your Committee has also heard the testimony of the Department of Law Enforcement expressing concerns that this measure is contrary to the Legislature's intent expressed through Act 278, Session Laws of Hawaii 2022 (Act 278), to consolidate state law enforcement activities by establishing the Department of Law Enforcement. The Department of Law Enforcement further testified that they are the entity tasked with administering criminal law enforcement and investigations on homestead lands, and could investigate various crimes, such as gambling, drug house activities, and human trafficking. The Department of Law Enforcement further testified that they plan to hire more law enforcement officers in January of 2024, per Act 278, and that additional funding would support them in carrying out their duties on Hawaiian home lands.

Therefore, your Committee has amended this measure by:

(1) Deleting language that would have established the compliance and enforcement program on Hawaiian home lands;

(2) Appropriating funds to the Department of Law Enforcement to hire law enforcement officers dedicated to serving Hawaiian home lands;

(3) Amending section 1 to reflect its amended purpose;

(4) Amending the effective date to July 1, 2023; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

Your Committee notes that the Senate Draft 1 of this measure contains an unspecified appropriation amount and an unspecified number of full-time equivalent law enforcement officers. Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it considers inserting an appropriation amount of $500,000 and five full-time equivalent (5.0 FTE) law enforcement officers.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 490, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 490, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Hawaiian Affairs,

________________________________

MAILE S.L. SHIMABUKURO, Chair