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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
129 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
URGING THE GOVERNOR TO PROTECT the STATE PUBLIC LAND TRUST AND NATIVE HAWAIIAN RIGHTS, WITH THE UNDERSTANDING THAT THE LEGISLATURE IS PREPARED TO TAKE ACTION IF THE FEDERAL GOVERNMENT INITIATES CONDEMNATION PROCEEDINGS AGAINST STATE LANDS.
WHEREAS, in 1993, the United States Congress enacted Public Law 103-150, also known as the Apology Resolution, acknowledging the centennial of the illegal overthrow of the Kingdom of Hawaii and recognizing the ongoing need for justice, healing, and reconciliation with the Native Hawaiian people; and
WHEREAS, lands held by the State of Hawaii, including ceded lands, are held in public trust under the Organic Act of 1900, Hawaii Admission Act, and articles XI and XII of the Hawaii State Constitution, with a duty to conserve, protect, and manage them for the benefit of all of Hawaii's people; and
WHEREAS, military activities in Hawaii have historically caused significant environmental and cultural harm, including contamination of Oahu's drinking water because of fuel spills and leaks from the Red Hill Bulk Fuel Storage Facility, military bombing of and destruction of resources on Kahoolawe, and fuel spills on Haleakala on Maui; and
WHEREAS, over the years, the State has provided various statutory benefits, exemptions, and privileges to members of the United States armed forces and their dependents, while the federal government has, in many cases, under-reimbursed the State with compensatory impact aid; and
WHEREAS, the initiation of condemnation proceedings against state lands by the federal government would materially impair the State's ability to fulfill its constitutionally mandated responsibilities to protect the public land trust and Native Hawaiian rights; and
WHEREAS, the initiation of condemnation proceedings against state lands by the federal government is also inconsistent with the Apology Resolution and the State's constitutional obligations to its people and the environment; and
WHEREAS, this body stands united in protecting the public land trust and Native Hawaiian rights and affirms its determination to take all lawful steps, including a reassessment of statutory benefits for military personnel and their families, to ensure that these constitutional obligations are upheld; now, therefore,
BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that the Governor is urged to protect the state public land trust and Native Hawaiian rights, with the understanding that this body is prepared to take action if the federal government initiates condemnation proceedings against state lands; and
BE IT FURTHER RESOLVED that the Governor is urged to protect the public land trust and Native Hawaiian rights and to take action, including introducing legislation to repeal certain statutory provisions of the Hawaii Revised Statutes, if the federal government initiates condemnation proceedings against state lands; and
BE IT FURTHER RESOLVED that the Governor is urged to submit for introduction and to support, advocate, and approve legislation that suspends or repeals the following provisions of the Hawaii Revised Statutes:
(1) Section 29-25, Hawaii Revised Statutes: Federal impact aid received by the Department of Education;
(2) Section 78-1(c), Hawaii Revised Statutes: Residency exemptions for military dependents;
(3) Section 88-55.5, Hawaii Revised Statutes: Exemption of Hawaii National Guard members from mandatory enrollment in the Employees' Retirement System;
(4) Chapter 88, Part I, Subpart E (sections 88-132, 88-132.5, 88-134, 88-135, 88-140, 88-141, Hawaii Revised Statutes) and related sections (sections 88-272, 88-321, 88-322, 88-323, 88-324, Hawaii Revised Statutes), Hawaii Revised Statutes: Special retirement classifications and credited service for military members;
(5) Sections 134-2(g)(4) and 134-9(e)(3), Hawaii Revised Statutes: Recognition of military firearms instruction for permits;
(6) Sections 183D-22(b)(1) and 188-72(a), Hawaii Revised Statutes: Reduced hunting and marine fishing license fees for active-duty military and families;
(7) Sections 201H-49(a), 201H-71, and 206E-284(e), Hawaii Revised Statutes: Housing-related exemptions and bond authorizations benefiting military personnel;
(8) Sections 231-15.8, 235-100, 235-100.5, and 249-6.5, Hawaii Revised Statutes: Tax deferrals, abatements, and exemptions for military members;
(9) Sections 286-106.5, 286-107(f) and (g), and 286-235.5, Hawaii Revised Statutes: Driver's license accommodations and commercial license exemptions for military members and dependents;
(10) Sections 302A-121(e), 302A-1101(c), 302A-627, 302A-1404(b), 304A-102, 304A-502, 304A-802, and Chapter 311D, Hawaii Revised Statutes: Education benefits, tuition waivers, teacher service credit, and military representation;
(11) Sections 329-4, 431:2-201.8, 431:8-327(g), 431:9A-107(d), 431:9A-111(a)(3), 431:9A-124(g), and 431:10C-119(c), Hawaii Revised Statutes: Insurance, licensure extensions, and coordination with military agencies;
(12) Sections 436B-14.5, 436B-14.6, 436B-14.7, 440E-26, 457-9.2(c)(2), 461-8(d)(2), 461J-10.14(d), 464-9(d)(6)(A), and 471-9(g), Hawaii Revised Statutes: Professional license restoration, reciprocity, and exemptions for military personnel and spouses;
(13) Sections 476-26, 480J-2(a)(4), 481B-16, 486N-7.5, 514B-98.5(b)(2), 514B-146.5(c)(2), 516-33(a)(2), and 521-83, Hawaii Revised Statutes: Consumer protections, contract terminations, and rental exemptions for military members; and
(14) Section 605-13, Chapter 657D, and Section 702-232, Hawaii Revised Statutes: Legal representation for service members, civil relief for state military forces, and affirmative defense for acts performed pursuant to superior orders; and
BE IT FURTHER RESOLVED that the Governor is urged to provide timely written public notice to this body and the people of Hawaii if condemnation proceedings are initiated by the federal government; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the United States Secretary of Defense, Hawaii's Congressional delegation, and Governor.
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OFFERED BY: |
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Public Land Trust; Condemnation Proceedings Initiated by the United States Government; Suspension or Repeal of Certain Provisions of the Hawaii Revised Statutes