SB205 SD1

PART I. GENERAL PROVISIONS

SECTION 1. SHORT TITLE. This Act shall be known and may be cited as the Office of Hawaiian Affairs Appropriations Act of 2023.

SECTION 2. DEFINITIONS. Unless otherwise clear from the context, as used in this Act:

"Means of financing" or "MOF" means the source from which funds are appropriated or authorized to be expended for the programs and projects specified in this Act. All appropriations are followed by letter symbols. Such letter symbols, where used, shall have the following meanings:

A General funds

T Trust funds

"Position ceiling" means the maximum number of permanent and temporary full-time equivalent positions authorized for a particular program during a specified period or periods, as denoted by an asterisk (*) for permanent full-time equivalent positions and a pound (#) sign for temporary full-time equivalent positions.

"Program ID" means the unique identifier for the specific program and consists of the abbreviation for the office of Hawaiian affairs (OHA) followed by the organization number for the program.

PART II. PROGRAM APPROPRIATIONS

SECTION 3. APPROPRIATIONS. The following sums, or so much thereof as may be sufficient to accomplish the purposes and programs designated herein, are hereby appropriated or authorized from the means of financing specified to the office of Hawaiian affairs for the fiscal biennium beginning July 1, 2023, and ending June 30, 2025. The total expenditures and the number of positions in each fiscal year of the biennium shall not exceed the sums and the numbers indicated for each fiscal year, except as provided elsewhere in this Act, or as provided by general law.

PROGRAM APPROPRIATIONS
					APPROPRIATIONS
ITEM NO.	PROG. ID.	PROGRAM	EXPENDING AGENCY	FISCAL YEAR 2023-2024		M O F	FISCAL YEAR 2024-2025	M O F

Hawaiian Affairs

1. OHA150 - OFFICE OF THE TRUSTEES

0.00 * 0.00 *

0.00 # 0.00 #

OPERATING OHA 00,000 A 00,000 A

0.00 * 0.00 *

0.00 # 0.00 #

OHA 000,000 T 000,000 T

2. OHA160 - ADMINISTRATION

0.00 * 0.00 *

0.00 # 0.00 #

OPERATING OHA 0,000,000 A 0,000,000 A

0.00 * 00.00 *

0.00 # 0.00 #

OHA 0,000,000 T 0,000,000 T

3. OHA175 - BENEFICIARY ADVOCACY

0.00 * 0.00 *

0.00 # 0.00 #

OPERATING OHA 0,000,000 A 0,000,000 A

0.00 * 0.00 *

0.00 # 0.00 #

OHA 0,000,000 T 0,000,000 T

PART III. PROGRAM PROVISIONS

SECTION 4. Provided that the general fund appropriations in part II of this Act shall be expended by the office of Hawaiian affairs.

SECTION 5. Provided that of the funds appropriated for beneficiary advocacy (OHA175), the sum of $ in general funds and $ in trust funds for fiscal year 2023-2024 and the same sums for fiscal year 2024-2025 shall be expended for office of Hawaiian affairs beneficiaries for occupancy-ready housing needs.

SECTION 6. Provided that of the funds appropriated for beneficiary advocacy (OHA175), the sum of $ in general funds and $ in trust funds for fiscal year 2023-2024 and the same sums for fiscal year 2024-2025 shall be expended to provide for social services, including referral services and case management, to at-risk office of Hawaiian affairs beneficiaries to immediately address unexpected crises; provided further that program activities shall be designed with an overall objective to provide financial assistance to improve stability during emergency situations; and provided further that notwithstanding section 10-17(e), Hawaii Revised Statutes, any funds expended for the purpose of this section shall be in accordance with chapter 103D or 103F, Hawaii Revised Statutes, or a competitive grants process, as appropriate.

SECTION 7. Provided that of the funds appropriated for beneficiary advocacy (OHA175), the sum of $ in general funds and $ in trust funds for fiscal year 2023-2024 and the same sums for fiscal year 2024-2025 shall be expended to provide for educational improvement programs for Native Hawaiian students; provided further that program activities shall be designed to help Native Hawaiian students prepare for post‑secondary education and economic stability pursuits to support families and communities; and provided further that notwithstanding section 10-17(e), Hawaii Revised Statutes, any expenditures for the purposes of this section shall be in accordance with chapter 103D or 103F, Hawaii Revised Statutes, or a competitive grants process, as appropriate.

SECTION 8. Provided that of the funds appropriated for beneficiary advocacy (OHA175), the sum of $ in general funds and $ in trust funds for fiscal year 2023-2024 and the same sums for fiscal year 2024-2025 shall be expended to provide for legal services and legal representation to office of Hawaiian affairs beneficiaries for:

(1) The assertion and defense of quiet title actions;

(2) Assistance with ahupuaa and kuleana tenant rights, including rights of access and rights to water;

(3) Land title assistance, including review of title and genealogy;

(4) Preservation of traditional and customary practices;

(5) Protection of culturally significant places, including iwi kupuna protections;

(6) Preservation of Native Hawaiian land trust entitlements;

(7) Home ownership retention strategies for Native Hawaiians; and

(8) Family law related matters including adoption, foster care, child welfare, incarcerated individuals, guardianship, elder care, and similar matters;

provided further that, notwithstanding section 10-17(e), Hawaii Revised Statutes, any funds expended for the purposes of this section shall be made in accordance with chapter 103D or 103F, Hawaii Revised Statutes, as appropriate.

SECTION 9. Provided that of the funds appropriated for beneficiary advocacy (OHA175), the sum of $ in general funds and $ in trust funds for fiscal year 2023-2024 and the same sums for fiscal year 2024-2025 shall be expended for protections of aina (land and water), including climate change adaptation and mitigation strategies and practices.

SECTION 10. Provided that of the funds appropriated for beneficiary advocacy (OHA175), the sum of $ in general funds and $ in trust funds for fiscal year 2023-2024 and the same sums for fiscal year 2024-2025 shall be expended for ohana (families and communities) economic stability.

PART IV. MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE

SECTION 11. Provided that, whenever necessary, the board of trustees of the office of Hawaiian affairs or the board's designee may transfer sufficient funds and positions between programs for operating purposes; provided further that these transfers shall be consistent with legislative intent; provided further that the office of Hawaiian affairs shall submit a report to the legislature of all uses of this authority for the previous twelve-month period from December 1 to November 30, no later than twenty days prior to the regular sessions of 2024 and 2025.

SECTION 12. If any portion of this Act or its application to any person, entity, or circumstance is held to be invalid for any reason, the legislature declares that the remainder of the Act and each and every other provision thereof shall not be affected thereby. If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be expended to fulfill the objective of the appropriation to the extent possible.

SECTION 13. In the event manifest clerical, typographical, or other mechanical errors are found in this Act, the board of trustees of the office of Hawaiian affairs is authorized to correct these errors. All changes made pursuant to this section shall be reported to the legislature at its next session.

SECTION 14. This Act shall take effect on July 1, 2023.

THE SENATE	S.B. NO.	205
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII