After considering some 30 legislative proposals submitted by the public, the Department of Hawaiian Home Lands has selected 10 that it will recommend for inclusion in the governor’s 2023 legislative package.

What You Need To Know

  • The Hawaiian Homes Commission reviewed and approved the 10 draft proposals at its September meeting

  • The proposals will next be submitted for review by the Department of the Attorney General, the Department of Budget and Finance, and the governor

  • If approved, the proposals will be included as proposed bills in Gov. David Ige’s final legislative package to go before the legislature next year

  • DHHL said some proposals were rejected because they were items that either already have governing legislation or do not require legislation; others involved suggestions that have already been implemented or are in the process of being reviewed or implemented by the department

The Hawaiian Homes Commission reviewed and approved the 10 draft proposals at its September meeting.

The proposals will next be submitted for review by the Department of the Attorney General, the Department of Budget and Finance, and the governor. If approved, they will be included as proposed bills in Gov. David Ige’s final legislative package to go before the legislature next year.

In its call for submissions in July, DHHL requested that the proposals be good public policy for the department and that they address operations, programs, regulations, processes, budget, and/or resources and create a benefit or an advantage for DHHL, the trust, or trust beneficiaries, or otherwise correct a deficiency.

DHHL said some proposals were rejected because they were items that either already have governing legislation or do not require legislation. Others involved suggestions that have already been implemented or are in the process of being reviewed or implemented by the department.

Among the proposals to survive the cut were a few that have been part of previous administrative packages.

HHL-03 proposes to exempt any DHHL homestead lot or housing development from general excise taxes.

HHL-04 is intended to streamline the review process to determine the effect of proposed projects on historic properties or burial sites on DHHL land. It would allow the department to assume sole responsibility, thereby eliminating the necessity of consulting with the state Department of Land and Natural Resources.

Another proposal would create a new section of the Hawaii Revised Statutes to allow DHHL to issue interim rules without public notice, public hearing or gubernatorial approval as long it consults with beneficiaries and the rules are not effective beyond 18 months.

In supporting HHL-05, DHHL noted that the current process is particularly time-consuming.

“This amendment will enable the Department to move quickly in issuing interim rules after consultation with beneficiaries and organizations representing beneficiaries on important programs and services, while preserving public access by ensuring that the interim rules will be made available on the website of the Office of Lieutenant Governor,” DHHL said in a statement. “The 18-month limitation on the life of the interim rules will further ensure that the Department has adequate time to adopt permanent rules through formal rule-making procedures.”

Meanwhile, HHL-07 attempts to resolve concerns over the adopted individuals to succeed a homestead lease or an applicant’s rights on the DHHL applicant waiting list. If passed into law, the proposed legislation would enable DHHL to recognize an adopted individual’s natural and adoptive familiar relationships.

Three other proposed measures failed in their previous introductions but have not been part of the administration’s legislative package.

HHL-01 would allow the department to retain independent counsel to assure that its obligation to its beneficiaries and its fulfillment of trust obligations does not conflict with other interests of the state that the attorney general’s office may be obligated to consider.

Another proposed measure, HHL-02 would add the chair of the Hawaiian Homes Commission or a designee to the Commission on Water Resource Management. The individual would serve as an ex officio voting member.

HHL-06 would establish a compliance and enforcement program within the department to investigate complaints, conduct investigations and cooperate with enforcement authorities to ensure compliance with the 1920 Hawaiian Homes Commission Act.

DHHL also adopted three other first-time draft proposals:

  • HHL-08 would make the affordable housing credit program permanent.
  • HHL-09 would permanently exclude housing developed by DHHL from school-impact fees.
  • HHL-10 would allow funds appropriated in Act 279 (which allows the department to use a multi-pronged approach to addressing its applicant waitlist) to be used until June 30, 2025.

Michael Tsai covers local and state politics for Spectrum News Hawaii.