Bill Text: HI HB2464 | 2018 | Regular Session | Amended
Bill Title: Relating To The Hawaiian Homes Commission Act.
Spectrum: Strong Partisan Bill (Democrat 20-2)
Status: (Passed) 2018-07-11 - Act 179, on 07/10/2018 (Gov. Msg. No. 1288). [HB2464 Detail]
Download: Hawaii-2018-HB2464-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2464 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAIIAN HOMES COMMISSION ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that certain native Hawaiians who are eligible for a lease pursuant to the Hawaiian Homes Commission Act, 1920, as amended, have acquired a lease, sold or transferred their interest in the lease, and then placed their name on the waitlist for a second lease of Hawaiian home lands. This has contributed to many otherwise eligible native Hawaiians never receiving a lease offer.
The legislature believes that a department of Hawaiian home lands beneficiary should be able to enter the Hawaiian Homes Commission Act program with a reasonable expectation of eventually receiving a lease.
The purpose of this Act is to prohibit lessees who sell or transfer their interest in a Hawaiian home lands tract from being placed on the waiting list maintained by the department of Hawaiian home lands for an additional lease, except under certain conditions.
SECTION 2. Section 207, of the Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (a) to read as follows:
"(a) The department is authorized to lease to
native Hawaiians the right to the use and occupancy of a tract or tracts of
Hawaiian home lands within the following acreage limits per each lessee: (1) not more than forty acres of agriculture
lands or lands used for aquaculture purposes; or (2) not more than one hundred
acres of irrigated pastoral lands and not more than one thousand acres of other
pastoral lands; or (3) not more than one acre of any class of land to be used
as a residence lot; provided that in the case of any existing lease of a farm
lot in the Kalanianaole Settlement on Molokai, a residence lot may exceed one
acre but shall not exceed four acres in area, the location of such area to be
selected by the department; provided further that a lease granted to any lessee
may include two detached farm lots or aquaculture lots, as the case may be,
located on the same island and within a reasonable distance of each other, one
of which, to be designated by the department, shall be occupied by the lessee
as the lessee's home, the gross acreage of both lots not to exceed the maximum
acreage of an agricultural, pastoral, or aquacultural lot, as the case may be,
as provided in this section. If the
lessee sells or transfers the lessee's interest in a lease for any class of land,
even in a manner otherwise authorized by this Act, the lessee shall be
ineligible to a receive a subsequent lease for the same class of land, except
if:
(1) The lease is acquired pursuant to section
209;
(2) The only prior lease interest held by the
lessee was an interest held with co-lessees; or
(3) There is another circumstance qualifying as
an exception set forth in administrative rules.
A beneficiary may acquire a lease under any one of the foregoing exceptions only once."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. The provisions of the amendments made by 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 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050 with the consent of the United States Congress.
Report Title:
Department of Hawaiian Home Lands; Lessees; Waitlists
Description:
Makes any
person who sells or transfers an interest in a Hawaiian Home Lands lease
ineligible to receive a subsequent lease for the same class of land except in
limited circumstances. (HB2464 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
