HOUSE OF REPRESENTATIVES	H.B. NO.	175
TWENTY-SEVENTH LEGISLATURE, 2013		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE DEPARTMENT OF HAWAIIAN HOME LANDS.

 

 

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

 

     SECTION 1.  Section 26-17, Hawaii Revised Statutes, is amended to read as follows:

     "§26-17  Department of Hawaiian home lands.  (a)  The department of Hawaiian home lands shall be headed by an executive board to be known as the Hawaiian homes commission.

     (b)  The commission shall be composed of nine members.  The appointment, tenure, and removal of the members and the filling of vacancies on the commission shall be in accordance with section 26-34 and section 202(a) of the Hawaiian Homes Commission Act of 1920, as amended.  The governor shall appoint the chairperson of the commission from among the members thereof.

     (c)  The commission may delegate to the chairperson such duties, powers, and authority, or so much thereof as may be lawful or proper, for the performance of the functions vested in the commission.

     (d)  The chairperson of the board shall serve in a full-time capacity and shall perform [such] the duties, and exercise [such] the powers and authority, or so much thereof as may be delegated to the chairperson by the board.

     (e)  The department shall administer the Hawaiian Homes Commission Act of 1920 as set forth in the [Constitution of the State] Hawaii state constitution and by law.

     (f)  Of funds derived from the public land trust, $10,000,000 transferred to the department under subsection (g) shall be expended by the department for the development of farm and home ownership on as widespread a basis as possible, pursuant to section 171‑18; provided that this amount shall not be deducted from the pro rata portion distributed to the office of Hawaiian affairs pursuant to section 10-3.

     (g)  The departments of agriculture; accounting and general services; business, economic development, and tourism; education; and land and natural resources; the harbors division of the department of transportation; and any other department or agency that collects revenue from lands within the public land trust shall transfer to the department of Hawaiian home lands an aggregate amount of $2,500,000, from revenue collected from the use of lands within the public land trust, within thirty days of the close of each fiscal quarter; provided that the transfer is not prohibited by federal law.

     (h)  The functions and authority heretofore exercised by the Hawaiian homes commission as heretofore constituted are transferred to the department of Hawaiian home lands established by this chapter.

     (i)  As used in this section:

     "Public land trust" has the same meaning as in section 10‑3(1).

     "Revenue" means all proceeds, fees, charges, rents, or other income, or any portion thereof, derived from any sale, lease, license, permit, or other similar proprietary disposition, permitted use, or activity that is situated upon and results from the actual use of lands comprising the public land trust, including any penalties or levies exacted as a result of a violation of the terms of any proprietary disposition.  "Revenue" does not include any income, proceeds, fees, charges, or other moneys derived through the exercise of sovereign functions and powers, including:

     (1)  Taxes;

     (2)  Regulatory or licensing fees;

     (3)  Fines, penalties, or levies;

     (4)  Registration fees;

     (5)  Moneys received by any public educational institution, including the University of Hawaii system, from its educational programs and ancillary services, such as tuition, registration fees, meals, books, grants, or scholarships;

     (6)  Interagency and intra-agency administrative fees or assessments;

     (7)  Moneys derived from or provided in support of penal institutions and programs;

     (8)  Grants, carry-overs, and pass-throughs;

     (9)  Federal moneys, including federal-aid, grants, subsidies, and contracts;

    (10)  Moneys collected from the sale or dissemination of government publications; and

    (11)  Department of defense proceeds on state-improved lands."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2013.

 

 

Report Title:

Department of Hawaiian Home Lands; Public Land Trust Revenues

 

Description:

Provides that $10,000,000, from the public land trust shall be expended by the Department of Hawaiian Home Lands (DHHL) for development of farm and home ownership.  Requires the departments and agencies that use the lands within the public land trust to transfer $2,500,000 in the aggregate, quarterly to DHHL.  Effective July 1, 2013.  (HB175 HD1)

 

 

 

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