Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 2, 1 Pepeluali 2002 — OHA board approves legislative package [ARTICLE+ILLUSTRATION]

OHA board approves legislative package

By Manu Boyd At its Dec. 18 meeting on Kaua'i, the OHA board adopted OHA's legislative package: four measures addressing areas of ceded lands revenue, OHA interim revenue, state procurement exemption and trustee retirement. On Jan. 14, two days prior to the opening of the legislature, OHA hosted a briefing at the State Capitol to introduce the OHA paekage. OHA Legislative and Governmental Affairs Committee Chairman Rowena Akana summarized the bills before the 47 legislators in attendance. Legislative aides, OHA trustees and staff were also on hand.

Sen. Fred Hemmings posed a question to staff on the "new Act 304" bill relating to OHA revenue asking, "what will keep the new bill from further court challenges?" According to Jerry B. Norris, OHA policy analyst, Act 304 by its own terms was repealed, and the the portions of Chapter 10 whieh were changed by Act 304 would revert to language in existence prior to its enactment. The provision made by Act 273, Session Laws of Hawai'i (1980) whieh awarded OHA 20 percent of ceded land revenues, was not affected by the State Supreme Court's repeal of Act 304. See PACKAGE on page 8

Legislcitive einel Governrnent Affciirs Cornrnittee Chciir Akeinei (mielelle) cliscusses OHA's legislcitive cigenclci with Aclministrcitor Clycle Nōmu'o einel Heiweii'i lslcincl Sencitor Lorrciine lnouye.

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PACKAGE from page 1 Following is a summary of the four bills prepared by OHA Hawaiian Rights staff. 1. New "Act 304": Continuous Ceded Land Revenue The proposed bill would: • Reinstate Act 304-style funding of the Office of Hawaiian Affairs The bill would pass into law the previous system that funded OHA until Act 304 was repealed by OHA v. State in September 2001. The effect of this bill is that: OHA would be funded in the same way and same terms as it had prior to the OHA v. State decision • Reinstate the former 10-2, HRS definition of revenue • Reinstate the former 10-2, HRS definition of whieh lands comprise the public land trust • Reinstate the former 10-13.5, HRS condition that 20 percent of all revenue be expended for the betterment of conditions of Native Hawaiians • Adjusts 10-3, 10-5, 10-13, HRS as they read prior to the Hawaii Supreme Court decision • Appropriates $17 million to OHA to cover fiscal year 01-02

2. Interim Revenue The proposed bill would as an interim measure: • Appropriates $17 million to OHA for fiscal years 01-02 and 02-03. • Becomes the amount of revenue off the public trust lands for these fiscal years • Acts as a temporary funding mechanism for the operation of the Office of Hawaiian Affairs 3. Trustee Retirement The proposed bill would: • Provide trustees of the Office of Hawaiian Affairs an opportunity to elect to participate in state retirement system for their elected service. • Provides retirement for OHA trustees on par with legislators • Applies to OHA trustee service occurring from 1993 forward 4. Trustee expenditure of funds The proposed bill would: • Provide a total exemption for the Office of Hawaiian Affairs from the State Procurement Code HRS 103-D and 103-F • Apply to OHA's purchase of goods and services and purchase of health and human service. ■