THE SENATE	S.C.R. NO.	165
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE UNITED STATES CONGRESS TO CONSENT TO THE ENACTMENT OF ACT 80, SESSION LAWS OF HAWAII 2017.

 

 

        WHEREAS, pursuant to section 208 of the Hawaiian Homes Commission Act, 1920, an original lessee of a tract of Hawaiian homestead lands shall be a native Hawaiian; and

 

        WHEREAS, section 201 of the Hawaiian Homes Commission Act, 1920, defines a "native Hawaiian" as "any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778"; and

 

        WHEREAS, pursuant to the existing provisions of section 209(a) of Hawaiian Homes Commission Act, 1920, upon the death of a homestead lessee, the lessee's interest may only vest in the lessee's husband, wife, child, grandchild, brother, or sister if the potential successor is at least one-quarter Hawaiian; and

 

        WHEREAS, a significant number of marriages occur between people of Hawaiian ancestry and people without Hawaiian ancestry, directly affecting generations of Hawaiians by reducing the native Hawaiian blood quantum; and

 

        WHEREAS, the requirement that certain successors to a lease must have at least one-quarter blood quantum imposes a significant hardship on those lessees who are unable to assure transfer of lessee rights under the Hawaiian Homes Commission Act, 1920, to a relative of less than one-quarter Hawaiian blood; and

 

        WHEREAS, this congressionally established blood quantum requirement artificially bifurcates the indigenous people of Hawaii; and

 

        WHEREAS, a reduction in the required blood quantum for certain successors under the Hawaiian Homes Commission Act, 1920, is long overdue; and

 

        WHEREAS, the Hawaii State Legislature passed and the Governor of Hawaii approved Act 80, Session Laws of Hawaii 2017, which attempts to amend the Hawaiian Homes Commission Act, 1920, to provide that upon the death of a lessee, the lessee's interest may vest in the lessee's spouse, child, grandchild, brother, or sister if the potential successor is at least one thirty-second Hawaiian; and

 

        WHEREAS, the consent of the United States Congress is required for Act 80, Session Laws of Hawaii 2017, to become law; now, therefore,

 

        BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that the United States Congress is requested to consent to the enactment of Act 80, Session Laws of Hawaii 2017; and

 

        BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Majority Leader of the United States Senate, Speaker of the United States House of Representatives, members of Hawaii's congressional delegation, Chairperson of the Hawaiian Homes Commission, and Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

 

 

 

	OFFERED BY:	_____________________________

Report Title:  

Hawaiian Homes Commission Act; Act 80 SLH 2017; Congress