THE SENATE	S.B. NO.	2984
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII

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 obtaining a subsequent lease for the same class of land, with certain exceptions.

     SECTION 2.  Section 207, 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 the lease, even in a manner otherwise authorized by this Act, the lessee shall be ineligible to 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."

     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 upon its approval by the governor of the State of Hawaii with the consent of the United States Congress.

 

 

 

Report Title:

DHHL; Lessees; Churning

 

Description:

Prohibits lessees who sell or transfer land from obtaining subsequent leases of the same class of land, except if the lease is acquired pursuant to section 209 of the Hawaiian Homes Commission Act, 1920, as amended, if the only prior lease interest held by the lessee was an interest held with co-lessees, or if there is another circumstance qualifying as an exception set forth in administrative rules.  (SD1)

 

 

 

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