| Old | New | Differences | |
|---|---|---|---|
| 1 | - | THE SENATE S.B. NO. 389 THIRTY-FIRST LEGISLATURE, 2021 | |
| 1 | + | THE SENATE S.B. NO. 389 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE BUDGET OF THE OFFICE OF HAWAIIAN AFFAIRS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
| 2 | 2 | ||
| 3 | 3 | THE SENATE S.B. NO. 389 | |
| 4 | - | THIRTY-FIRST LEGISLATURE, 2021 | |
| 4 | + | THIRTY-FIRST LEGISLATURE, 2021 | |
| 5 | 5 | STATE OF HAWAII | |
| 6 | 6 | ||
| 7 | 7 | THE SENATE | |
| 8 | 8 | ||
| 9 | 9 | S.B. NO. | |
| 10 | 10 | ||
| 11 | 11 | 389 | |
| 12 | 12 | ||
| 13 | 13 | THIRTY-FIRST LEGISLATURE, 2021 | |
| 14 | 14 | ||
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| 15 | + | ||
| 16 | 16 | ||
| 17 | 17 | STATE OF HAWAII | |
| 18 | 18 | ||
| 19 | 19 | ||
| 20 | 20 | ||
| 21 | 21 | ||
| 22 | 22 | ||
| 23 | 23 | ||
| 24 | 24 | ||
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| 27 | 27 | ||
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| 29 | 29 | ||
| 30 | 30 | ||
| 31 | 31 | A BILL FOR AN ACT | |
| 32 | 32 | ||
| 33 | 33 | ||
| 34 | 34 | ||
| 35 | 35 | ||
| 36 | 36 | ||
| 37 | 37 | RELATING TO THE BUDGET OF THE OFFICE OF HAWAIIAN AFFAIRS. | |
| 38 | 38 | ||
| 39 | 39 | ||
| 40 | 40 | ||
| 41 | 41 | ||
| 42 | 42 | ||
| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
| 44 | 44 | ||
| 45 | 45 | ||
| 46 | 46 | ||
| 47 | 47 | 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 2021. 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. The 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, 2021, and ending June 30, 2023. 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. | |
| 48 | 48 | ||
| 49 | 49 | PART I. GENERAL PROVISIONS | |
| 50 | 50 | ||
| 51 | 51 | SECTION 1. SHORT TITLE. This Act shall be known and may be cited as the Office of Hawaiian Affairs Appropriations Act of 2021. | |
| 52 | 52 | ||
| 53 | 53 | SECTION 2. DEFINITIONS. Unless otherwise clear from the context, as used in this Act: | |
| 54 | 54 | ||
| 55 | 55 | "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. The letter symbols, where used, shall have the following meanings: | |
| 56 | 56 | ||
| 57 | 57 | A General funds | |
| 58 | 58 | ||
| 59 | 59 | T Trust funds | |
| 60 | 60 | ||
| 61 | 61 | "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. | |
| 62 | 62 | ||
| 63 | 63 | "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. | |
| 64 | 64 | ||
| 65 | 65 | PART II. PROGRAM APPROPRIATIONS | |
| 66 | 66 | ||
| 67 | 67 | 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, 2021, and ending June 30, 2023. 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. | |
| 68 | 68 | ||
| 69 | - | PROGRAM APPROPRIATIONS APPROPRIATIONS ITEM NO. PROG. ID. PROGRAM EXPENDING AGENCY FISCAL YEAR 2021-2022 M O F FISCAL YEAR 2022-2023 M O F Hawaiian Affairs 1. OHA150 - OFFICE OF THE TRUSTEES 0.00* 0.00* 0.00# 0.00# OPERATING OHA 0.00A 0.00A 0.00* 0.00* 0.00# 0.00# OHA 0.00T 0.00T 2. OHA160 - ADMINISTRATION 0.00* 0.00* 0.00# 0.00# OPERATING OHA 0.00A 0.00A 0.00* 0.00* 0.00# 0.00# OHA 0.00T 0.00T 3. OHA175 - BENEFICIARY ADVOCACY 0.00* 0.00* 0.00# 0.00# OPERATING OHA 0.00A 0.00A 0.00* 0.00* 0.00# 0.00# OHA 0.00T 0.00T | |
| 70 | - | ||
| 71 | - | PROGRAM APPROPRIATIONS | |
| 72 | - | APPROPRIATIONS | |
| 73 | - | ITEM NO. PROG. ID. PROGRAM EXPENDING AGENCY FISCAL YEAR 2021-2022 M O F FISCAL YEAR 2022-2023 M O F | |
| 74 | - | ||
| 75 | - | PROGRAM APPROPRIATIONS | |
| 76 | - | ||
| 77 | - | ||
| 78 | - | ||
| 79 | - | ||
| 80 | - | ||
| 81 | - | APPROPRIATIONS | |
| 82 | - | ||
| 83 | - | ITEM | |
| 84 | - | ||
| 85 | - | NO. | |
| 86 | - | ||
| 87 | - | PROG. | |
| 88 | - | ||
| 89 | - | ID. | |
| 90 | - | ||
| 91 | - | PROGRAM | |
| 92 | - | ||
| 93 | - | EXPENDING | |
| 94 | - | ||
| 95 | - | AGENCY | |
| 96 | - | ||
| 97 | - | FISCAL | |
| 98 | - | ||
| 99 | - | YEAR | |
| 100 | - | ||
| 101 | - | 2021-2022 | |
| 102 | - | ||
| 103 | - | M | |
| 104 | - | ||
| 105 | - | O | |
| 106 | - | ||
| 107 | - | F | |
| 108 | - | ||
| 109 | - | FISCAL | |
| 110 | - | ||
| 111 | - | YEAR | |
| 112 | - | ||
| 113 | - | 2022-2023 | |
| 114 | - | ||
| 115 | - | M | |
| 116 | - | ||
| 117 | - | O | |
| 118 | - | ||
| 119 | - | F | |
| 120 | - | ||
| 121 | - | ||
| 69 | + | Hawaiian Affairs 1. OHA150 - OFFICE OF THE TRUSTEES 0.47* 0.47* 0.00# 0.00# OPERATING OHA 58,323A 58,323A 4.53* 4.53* 0.00# 0.00# OHA 275,687T 275,687T 2. OHA160 - ADMINISTRATION 5.03* 5.03* 0.00# 0.00# OPERATING OHA 1,124,042A 1,124,042A 31.97* 31.97* 0.00# 0.00# OHA 2,861,727T 2,861,727T 3. OHA175 - BENEFICIARY ADVOCACY 1.47* 1.47* 0.00# 0.00# OPERATING OHA 1,855,514A 1,855,514A 18.53* 18.53* 0.00# 0.00# OHA 3,292,290T 3,292,290T | |
| 122 | 70 | ||
| 123 | 71 | Hawaiian Affairs | |
| 124 | 72 | ||
| 125 | 73 | 1. OHA150 - OFFICE OF THE TRUSTEES | |
| 126 | 74 | ||
| 127 | - | 0. | |
| 75 | + | 0.47* 0.47* | |
| 128 | 76 | ||
| 129 | 77 | 0.00# 0.00# | |
| 130 | 78 | ||
| 131 | - | OPERATING OHA | |
| 79 | + | OPERATING OHA 58,323A 58,323A | |
| 132 | 80 | ||
| 133 | - | | |
| 81 | + | 4.53* 4.53* | |
| 134 | 82 | ||
| 135 | 83 | 0.00# 0.00# | |
| 136 | 84 | ||
| 137 | - | OHA | |
| 85 | + | OHA 275,687T 275,687T | |
| 138 | 86 | ||
| 139 | 87 | ||
| 140 | 88 | ||
| 141 | 89 | 2. OHA160 - ADMINISTRATION | |
| 142 | 90 | ||
| 143 | - | | |
| 91 | + | 5.03* 5.03* | |
| 144 | 92 | ||
| 145 | 93 | 0.00# 0.00# | |
| 146 | 94 | ||
| 147 | - | OPERATING OHA | |
| 95 | + | OPERATING OHA 1,124,042A 1,124,042A | |
| 148 | 96 | ||
| 149 | - | | |
| 97 | + | 31.97* 31.97* | |
| 150 | 98 | ||
| 151 | 99 | 0.00# 0.00# | |
| 152 | 100 | ||
| 153 | - | OHA | |
| 101 | + | OHA 2,861,727T 2,861,727T | |
| 154 | 102 | ||
| 155 | 103 | ||
| 156 | 104 | ||
| 157 | 105 | 3. OHA175 - BENEFICIARY ADVOCACY | |
| 158 | 106 | ||
| 159 | - | | |
| 107 | + | 1.47* 1.47* | |
| 160 | 108 | ||
| 161 | 109 | 0.00# 0.00# | |
| 162 | 110 | ||
| 163 | - | OPERATING OHA | |
| 111 | + | OPERATING OHA 1,855,514A 1,855,514A | |
| 164 | 112 | ||
| 165 | - | | |
| 113 | + | 18.53* 18.53* | |
| 166 | 114 | ||
| 167 | 115 | 0.00# 0.00# | |
| 168 | 116 | ||
| 169 | - | OHA | |
| 117 | + | OHA 3,292,290T 3,292,290T | |
| 170 | 118 | ||
| 171 | 119 | ||
| 172 | 120 | ||
| 173 | - | 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 $ | |
| 121 | + | 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 $415,000 in general funds and $415,000 in trust funds for fiscal year 2021-2022 and the same sums for fiscal year 2022-2023 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 purposes of this section shall be in accordance with chapter 103D or 103F, Hawaii Revised Statutes, or a competitive grants process, as appropriate. SECTION 6. Provided that, of the funds appropriated for beneficiary advocacy (OHA175), the sum of $615,000 in general funds and $615,000 in trust funds for fiscal year 2021-2022 and the same sums for fiscal year 2022-2023 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 succeed academically; 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 7. Provided that, of the funds appropriated for beneficiary advocacy (OHA175), the sum of $524,400 in general funds and $524,400 in trust funds for fiscal year 2021-2022 and the same sums for fiscal year 2022-2023 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; and (6) Preservation of native Hawaiian land trust entitlements; 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. PART IV. MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE SECTION 8. 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; and 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 2022 and 2023. SECTION 9. 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 10. 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 11. This Act shall take effect on July 1, 2021. INTRODUCED BY: _____________________________ By Request | |
| 174 | 122 | ||
| 175 | 123 | PART III. PROGRAM PROVISIONS | |
| 176 | 124 | ||
| 177 | 125 | SECTION 4. Provided that the general fund appropriations in part II of this Act shall be expended by the office of Hawaiian affairs. | |
| 178 | 126 | ||
| 179 | - | SECTION 5. Provided that, of the funds appropriated for beneficiary advocacy (OHA175), the sum of $ | |
| 127 | + | SECTION 5. Provided that, of the funds appropriated for beneficiary advocacy (OHA175), the sum of $415,000 in general funds and $415,000 in trust funds for fiscal year 2021-2022 and the same sums for fiscal year 2022-2023 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 purposes of this section shall be in accordance with chapter 103D or 103F, Hawaii Revised Statutes, or a competitive grants process, as appropriate. | |
| 180 | 128 | ||
| 181 | - | SECTION 6. Provided that, of the funds appropriated for beneficiary advocacy (OHA175), the sum of $ | |
| 129 | + | SECTION 6. Provided that, of the funds appropriated for beneficiary advocacy (OHA175), the sum of $615,000 in general funds and $615,000 in trust funds for fiscal year 2021-2022 and the same sums for fiscal year 2022-2023 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 succeed academically; 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. | |
| 182 | 130 | ||
| 183 | - | SECTION 7. Provided that, of the funds appropriated for beneficiary advocacy (OHA175), the sum of $ | |
| 131 | + | SECTION 7. Provided that, of the funds appropriated for beneficiary advocacy (OHA175), the sum of $524,400 in general funds and $524,400 in trust funds for fiscal year 2021-2022 and the same sums for fiscal year 2022-2023 shall be expended to provide for legal services and legal representation to office of Hawaiian affairs beneficiaries for: | |
| 184 | 132 | ||
| 185 | 133 | (1) The assertion and defense of quiet title actions; | |
| 186 | 134 | ||
| 187 | 135 | (2) Assistance with ahupuaa and kuleana tenant rights, including rights of access and rights to water; | |
| 188 | 136 | ||
| 189 | 137 | (3) Land title assistance, including review of title and genealogy; | |
| 190 | 138 | ||
| 191 | 139 | (4) Preservation of traditional and customary practices; | |
| 192 | 140 | ||
| 193 | 141 | (5) Protection of culturally significant places; and | |
| 194 | 142 | ||
| 195 | 143 | (6) Preservation of native Hawaiian land trust entitlements; | |
| 196 | 144 | ||
| 197 | 145 | 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. | |
| 198 | 146 | ||
| 199 | 147 | PART IV. MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE | |
| 200 | 148 | ||
| 201 | 149 | SECTION 8. 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; and 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 2022 and 2023. | |
| 202 | 150 | ||
| 203 | 151 | SECTION 9. 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. | |
| 204 | 152 | ||
| 205 | 153 | SECTION 10. 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. | |
| 206 | 154 | ||
| 207 | 155 | SECTION 11. This Act shall take effect on July 1, 2021. | |
| 208 | 156 | ||
| 209 | 157 | ||
| 210 | 158 | ||
| 211 | - | Report Title: Office of Hawaiian Affairs Package; OHA Budget; Program Operating Costs; Appropriation Description: Appropriates funds for Fiscal Biennium 2021-2023 for the Office of Hawaiian Affairs Office of the Trustees (OHA150), Administration (OHA160), and Beneficiary Advocacy (OHA175). (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 159 | + | INTRODUCED BY: _____________________________ | |
| 160 | + | By Request | |
| 161 | + | ||
| 162 | + | INTRODUCED BY: | |
| 163 | + | ||
| 164 | + | _____________________________ | |
| 165 | + | ||
| 166 | + | ||
| 167 | + | ||
| 168 | + | By Request | |
| 169 | + | ||
| 170 | + | Report Title: Office of Hawaiian Affairs Package; OHA Budget; Program Appropriations; Operating Costs Description: Appropriates moneys to fund the operating expenses of the Office of Hawaiian Affairs for the fiscal biennium beginning on 7/1/2021, and ending on 6/30/2023. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 212 | 171 | ||
| 213 | 172 | ||
| 214 | 173 | ||
| 215 | 174 | ||
| 216 | 175 | ||
| 217 | 176 | Report Title: | |
| 218 | 177 | ||
| 219 | - | Office of Hawaiian Affairs Package; OHA Budget; Program Operating Costs | |
| 178 | + | Office of Hawaiian Affairs Package; OHA Budget; Program Appropriations; Operating Costs | |
| 220 | 179 | ||
| 221 | 180 | ||
| 222 | 181 | ||
| 223 | 182 | Description: | |
| 224 | 183 | ||
| 225 | - | Appropriates | |
| 184 | + | Appropriates moneys to fund the operating expenses of the Office of Hawaiian Affairs for the fiscal biennium beginning on 7/1/2021, and ending on 6/30/2023. | |
| 226 | 185 | ||
| 227 | 186 | ||
| 228 | 187 | ||
| 229 | 188 | ||
| 230 | 189 | ||
| 231 | 190 | ||
| 232 | 191 | ||
| 233 | 192 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |