Hawaii 2023 Regular Session

Hawaii Senate Bill SR9 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.R. NO. 9 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII SENATE RESOLUTION URGING THE DEPARTMENT OF HAWAIIAN HOME LANDS TO NOTIFY BENEFICIARIES THROUGH BENEFICIARY CONSULTATION PRIOR TO DISPOSING OF HAWAIIAN HOME LANDS AND TO EXERCISE OTHER PROTECTIONS OF BENEFICIARY INTERESTS.
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3	3	THE SENATE S.R. NO. 9
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.R. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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29	29	SENATE RESOLUTION
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35	35	URGING THE DEPARTMENT OF HAWAIIAN HOME LANDS TO NOTIFY BENEFICIARIES THROUGH BENEFICIARY CONSULTATION PRIOR TO DISPOSING OF HAWAIIAN HOME LANDS AND TO EXERCISE OTHER PROTECTIONS OF BENEFICIARY INTERESTS.
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41	41	WHEREAS, the United States Congress passed the Hawaiian Homes Commission Act in 1921; and WHEREAS, the Hawaiian Homes Commission Act was authored by Prince Jonah Kuhio Kalanianaole and dedicated two hundred three thousand acres of land in Hawaii to benefit native Hawaiians; and WHEREAS, the purpose of the Act is to restore the cultural link between native Hawaiians and the land and to provide native Hawaiians the stability, financial equity, and economic self‑sufficiency that comes from land and home ownership; and WHEREAS, for the future of native Hawaiians and their well‑being, the Department of Hawaiian Home Lands must fulfill its purpose by providing housing and information on housing to its native Hawaiian beneficiaries; now, therefore, BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Department of Hawaiian Home Lands is urged to notify beneficiaries through beneficiary consultation prior to disposing of Hawaiian home lands and to exercise other protections of beneficiary interests; and BE IT FURTHER RESOLVED that, as used in this resolution: (1) "Beneficiary consultation" means, at a minimum, the direct, timely, affirmative, and interactive process of beneficiary-controlled organizations (controlled by beneficiaries, as defined in 43 Code of Federal Regulations parts 47 and 48) on regulations, legislative proposals, or Department of Hawaiian Home Lands programmatic or policy actions that have a substantial direct effect or implications on one or more homestead areas, or that involves the disposition of trust lands to non-beneficiary individuals or organizations in which the Department of Hawaiian Home Lands provides at least forty-five days to receive input from beneficiaries and beneficiary organizations; (2) "Beneficiary consultation" includes communications conducted through in-person listening sessions, mail, email, or social media, and includes specific notification to all registered beneficiary organizations; and (3) "Homestead beneficiary agreement" means a contract or agreement signed by a homestead association as defined under title 43 Code of Federal Regulations section 47.10, wherein non-beneficiary lessees provide specific amenities and funding to the homestead association for community programs and services; and BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is also urged to: (1) Refrain from disposing of retained available lands that are not required to be leased under section 207(a) of the Hawaiian Homes Commission Act and any improvements thereon or extending a general lease to non-beneficiaries unless there are no applicants, on a waitlist or otherwise, seeking to enter into a lease for the use and occupancy of a tract or tracts of Hawaiian home lands under section 207(a) or section 207(c)(1)(B) of the Hawaiian Homes Commission Act; (2) Notify beneficiaries through beneficiary consultation before the short- or long-term disposition of Hawaiian home lands or any improvements thereon, including easements; (3) Obtain evidence that a lessee or licensee has entered into a homestead beneficiary agreement as a condition of any trust land disposition, including a lease, license, or revocable permit issued to a non-beneficiary individual, firm, or organization; (4) Notwithstanding any law to the contrary and unless otherwise determined by federal law, refrain from establishing additional criteria for native Hawaiians to enter into a lease of Hawaiian home lands pursuant to section 207 of the Act, without notifying beneficiaries through beneficiary consultation; and (5) Notify beneficiaries through beneficiary consultation of any interest or other earnings being credited to and deposited into the Hawaiian home operating fund or the Hawaiian home receipts fund; and BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is also urged to submit to the Legislature and beneficiaries a quarterly report that includes data on the inventory of formerly leased properties and the disposition status of homestead properties and improvements under the control of the Department; and BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is also urged to post and maintain on the Department's website a listing of the inventory of formerly leased properties and the disposition status of homestead properties and improvements under the control of the Department; and BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is also urged to conduct, at least twice per year, auctions of properties for the benefit of the beneficiaries on the waitlist; and BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Hawaiian Homes Commission and Chairperson of the Board of Trustees of the Office of Hawaiian Affairs. OFFERED BY: _____________________________ Report Title: Hawaiian Home Lands; Hawaiian Homes Commission; Beneficiaries
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43	43	WHEREAS, the United States Congress passed the Hawaiian Homes Commission Act in 1921; and
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47	47	WHEREAS, the Hawaiian Homes Commission Act was authored by Prince Jonah Kuhio Kalanianaole and dedicated two hundred three thousand acres of land in Hawaii to benefit native Hawaiians; and
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51	51	WHEREAS, the purpose of the Act is to restore the cultural link between native Hawaiians and the land and to provide native Hawaiians the stability, financial equity, and economic self‑sufficiency that comes from land and home ownership; and
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55	55	WHEREAS, for the future of native Hawaiians and their well‑being, the Department of Hawaiian Home Lands must fulfill its purpose by providing housing and information on housing to its native Hawaiian beneficiaries; now, therefore,
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59	59	BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Department of Hawaiian Home Lands is urged to notify beneficiaries through beneficiary consultation prior to disposing of Hawaiian home lands and to exercise other protections of beneficiary interests; and
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63	63	BE IT FURTHER RESOLVED that, as used in this resolution:
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67	67	(1) "Beneficiary consultation" means, at a minimum, the direct, timely, affirmative, and interactive process of beneficiary-controlled organizations (controlled by beneficiaries, as defined in 43 Code of Federal Regulations parts 47 and 48) on regulations, legislative proposals, or Department of Hawaiian Home Lands programmatic or policy actions that have a substantial direct effect or implications on one or more homestead areas, or that involves the disposition of trust lands to non-beneficiary individuals or organizations in which the Department of Hawaiian Home Lands provides at least forty-five days to receive input from beneficiaries and beneficiary organizations;
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71	71	(2) "Beneficiary consultation" includes communications conducted through in-person listening sessions, mail, email, or social media, and includes specific notification to all registered beneficiary organizations; and
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75	75	(3) "Homestead beneficiary agreement" means a contract or agreement signed by a homestead association as defined under title 43 Code of Federal Regulations section 47.10, wherein non-beneficiary lessees provide specific amenities and funding to the homestead association for community programs and services; and
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79	79	BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is also urged to:
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83	83	(1) Refrain from disposing of retained available lands that are not required to be leased under section 207(a) of the Hawaiian Homes Commission Act and any improvements thereon or extending a general lease to non-beneficiaries unless there are no applicants, on a waitlist or otherwise, seeking to enter into a lease for the use and occupancy of a tract or tracts of Hawaiian home lands under section 207(a) or section 207(c)(1)(B) of the Hawaiian Homes Commission Act;
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87	87	(2) Notify beneficiaries through beneficiary consultation before the short- or long-term disposition of Hawaiian home lands or any improvements thereon, including easements;
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89	89	(3) Obtain evidence that a lessee or licensee has entered into a homestead beneficiary agreement as a condition of any trust land disposition, including a lease, license, or revocable permit issued to a non-beneficiary individual, firm, or organization;
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93	93	(4) Notwithstanding any law to the contrary and unless otherwise determined by federal law, refrain from establishing additional criteria for native Hawaiians to enter into a lease of Hawaiian home lands pursuant to section 207 of the Act, without notifying beneficiaries through beneficiary consultation; and
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97	97	(5) Notify beneficiaries through beneficiary consultation of any interest or other earnings being credited to and deposited into the Hawaiian home operating fund or the Hawaiian home receipts fund; and
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101	101	BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is also urged to submit to the Legislature and beneficiaries a quarterly report that includes data on the inventory of formerly leased properties and the disposition status of homestead properties and improvements under the control of the Department; and
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105	105	BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is also urged to post and maintain on the Department's website a listing of the inventory of formerly leased properties and the disposition status of homestead properties and improvements under the control of the Department; and
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109	109	BE IT FURTHER RESOLVED that the Department of Hawaiian Home Lands is also urged to conduct, at least twice per year, auctions of properties for the benefit of the beneficiaries on the waitlist; and
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113	113	BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the
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115	115	Hawaiian Homes Commission and Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.
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123	123	OFFERED BY: _____________________________
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127	127	OFFERED BY:
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129	129	_____________________________
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135	135	Report Title:
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137	137	Hawaiian Home Lands; Hawaiian Homes Commission; Beneficiaries