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SB3308
THE SENATE
S.B. NO.
3308
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to the public land trust
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that article
XII, section 6, of the Hawaii State Constitution recognizes Native Hawaiians as
beneficiaries of the public land trust and establishes the office of Hawaiian affairs
to manage and administer the pro rata share of income and proceeds derived from
the public land trust for the betterment of the conditions of Native Hawaiians.
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The
legislature further finds that the State has a constitutional and fiduciary
obligation to ensure that twenty per cent of all income and proceeds derived
from the public land trust are transferred to the office of Hawaiian affairs.
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The legislature has taken steps in recent
years to advance this obligation, including through the enactment of Act 226,
Session Laws of Hawaii 2022, which increased the interim annual transfer to the
office of Hawaiian affairs and established the public land trust working group
to develop recommendations regarding the calculation and administration of
public land trust revenues.
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The
legislature also finds that Native Hawaiian-serving programs have experienced
increased demand due to economic instability, rising costs of living, natural
disasters, and reductions and uncertainty in federal funding, including funding
streams historically associated with diversity, equity, and inclusion
initiatives.
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As federal programs have
been reduced, delayed, or disrupted, the office of Hawaiian affairs has played
an increasingly critical role in bridging gaps, including supporting Native
Hawaiian families during periods of federal government shutdowns and other
federal funding interruptions.
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The
legislature additionally finds that the office of Hawaiian affairs has
demonstrated its capacity to responsibly deploy resources in coordination with
federal, state, county, and community partners, and that temporarily increasing
the cap on public land trust distributions will allow the office of Hawaiian
affairs to continue providing stability and support to Native Hawaiian
communities during a period of transition at the federal level.
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The
legislature further finds that the public land trust working group is currently
engaged in its statutory responsibilities to review public land trust
inventories, revenues, accounting practices, and governance structures, and
that allowing additional time for this work to be completed will support the
development of durable, long-term solutions consistent with the State's trust
obligations.
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Therefore,
the purpose of this Act is to provide stability and capacity for Native
Hawaiian-serving programs during a period of federal funding uncertainty by temporarily
increasing the total amount of public land trust revenues transferred to the office
of Hawaiian affairs, while reaffirming the State's constitutional obligation to
the twenty per cent pro rata share and with a repeal date that allows the
legislature to consider future recommendations of the public land trust working
group.
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SECTION
2.
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(a)
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Notwithstanding any law to the contrary, the annual amount transferred
from the public land trust to the office of Hawaiian affairs for the betterment
of the conditions of Native Hawaiians shall not be less than the amount
necessary to satisfy the twenty per cent pro rata share required under article
XII, section 6, of the Hawaii State Constitution.
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(b)
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Notwithstanding Act 226, Session Laws of
Hawaii 2022, for fiscal years beginning July 1, 2026, through June 30, 2028,
the total annual amount transferred to the office of Hawaiian affairs from the
public land trust shall be increased to
$ , or such greater
amount as may be necessary to effectuate the twenty per cent pro rata share
required by the Hawaii State Constitution.
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(c)
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The increase authorized under subsection (b) shall
be temporary and shall not be construed to limit, reduce, or waive the State's
constitutional trust obligations beyond the repeal date established by section
3 of this Act.
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SECTION 3.
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This Act shall take effect on July 1, 2026,
and shall be repealed on June 30, 2028.
INTRODUCED BY:
_____________________________
Report Title:
Public
Land Trust; Temporary Increase in Funding; Office of Hawaiian Affairs
Description:
Temporarily
increases the total amount of public land trust revenues transferred to the Office
of Hawaiian Affairs, while reaffirming the State's obligation to the twenty per
cent pro rata share pursuant to the Hawaii State Constitution.
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Repeals 6/30/2028.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.