Title 1, General Provisions

PART I. GENERAL PROVISIONS [§10-1] Declaration of purpose. (a) The people of the State of Hawaii and the United States of America as set forth and approved in the Admission Act, established a public trust which includes among other responsibilities, betterment of conditions for n…

[§10-10] Administrator; appointment, tenure, removal. The board by a majority vote, shall appoint an administrator who shall serve without regard to the provisions of chapter 76 for a term to be determined by the board. The board, by a two-thirds vote of all members to which it i…

§10-11 Salary of the administrator. The salary of the administrator shall be established by the board; provided that such salary shall not exceed the salary of department heads or executive officers established by law. The administrator shall be included in any benefit program ge…

§10-12 Assistant; staff. The administrator may employ and retain such officers and employees as may be necessary to carry out the functions of the office. Such officers and employees may be hired without regard to chapter 76, and shall serve at the pleasure of the administrator. …

§10-13 Appropriations; accounts; reports. Moneys appropriated by the legislature for the office shall be payable by the director of finance, upon vouchers approved by the board, or by any officer elected or appointed by the board and authorized by the board to approve such vouche…

[§10-13.3] Interim revenue. Notwithstanding the definition of revenue contained in this chapter and the provisions of section 10-13.5, and notwithstanding any claimed invalidity of Act 304, Session Laws of Hawaii 1990, the income and proceeds from the pro rata portion of the publ…

§10-13.5 Use of public land trust proceeds. Twenty per cent of all funds derived from the public land trust, described in section 10-3, shall be expended by the office, as defined in section 10-2, for the purposes of this chapter. [L 1980, c 273, §1; am L 1990, c 304, §§7, 16]

§10-13.6 Public land trust conveyed for the development of housing projects. (a) This section applies to the revenue derived from land of the public land trust as designated in subsection (e) that is conveyed by the department of land and natural resources to the Hawaii housing f…

[§10-14.5] Budget preparation and submission; auditing. (a) The budget, six-year program and financial plan, and the variance report of the office of Hawaiian affairs shall be submitted by the board to the legislature and to each member thereof in accordance with the budget submi…

[§10-14.55] Audit and report. The auditor shall conduct an audit of the office at least once every four years and shall submit a report on findings and recommendations to the governor and the legislature on or before the convening of the next immediate legislative session. The fi…

[§10-14.6] Legislative review. The legislature shall consider the board's proposed program and financial plan; evaluate alternatives to the board's recommendations; and appropriate any general fund portion of the budget and any matching special fund appropriations. [L 1990, c 221…

§10-15 Annual report. The board shall prepare and make public their annual report which shall include an enumeration of their activities, income, and expenditures during the year. The annual report for the previous fiscal year shall be submitted to the governor and the legislatur…

[§10-16] Suits. (a) The office may sue and be sued in its corporate name. The State shall not be liable for any acts or omissions of the office, its officers, employees, and the members of the board of trustees, except as provided under subsection (b). (b) In matters of tort, the…

§10-17 Grants; conditions and qualifications. (a) Applications for grants shall be made to the office and contain such information as the office shall require. At a minimum, the applicant shall show: (b) Grants shall only be awarded if: (c) To receive a grant, an applicant shall:…

[§10-18] Hui `Imi advisory council. (a) There is established a Hui `Imi advisory council, to be placed within the office of Hawaiian affairs for administrative purposes only. The advisory council shall consist of representatives from the following: The advisory council shall make…

[§10-19] Hawaiian registry. The office shall establish and maintain a registry of all Hawaiians wherever such persons may reside. Inclusion of persons in the Hawaiian registry shall be based upon genealogical records sufficient to establish the person's descent from the aborigina…

§10-2 Definitions. In this chapter, if not inconsistent with the context: "Administrator" means the administrator of the office of Hawaiian affairs. "Beneficiary of the public trust entrusted upon the office" means native Hawaiians and Hawaiians. "Board" means the board of truste…

[§10-20] Taro security; funding. (a) The office may seek available federal, state, county, or private funding to restore taro and lo`i cultivation. The office shall cooperate with other public and private agencies, as appropriate, in applying for funds pursuant to this section. (…

PART II. REVENUE BONDS §10-21 Definitions. Whenever used in this part: "Loan program" means the activities and policies undertaken by the office to provide assistance to any department of the State or to any county or board, agency, or instrumentality thereof, or to private indiv…

§10-22 Powers of the board. In addition to the powers which it now possesses, the board shall have power to:

§10-23 Authorization of office projects and loan programs; issuance of revenue bonds. Authorization of acquisition, purchase, construction, reconstruction, improvement, betterment, extension, or maintenance of an office project or projects or the establishment, funding, and admin…

[§10‑24] Revenue bond anticipation notes. In anticipation of the issuance under this part of revenue bonds authorized by the board and of the receipt of the proceeds of sale of the bonds, the board shall have power to issue and sell bond anticipation notes for the purposes for wh…

§10-25 Revenue bonds. (a) Revenue bonds shall be issued in the name of the board, may be in one or more series, may be in the denomination or denominations, may bear the date or dates, may mature at the time or times not exceeding fifty years from their respective dates, may bear…

[§10-25.1] Federal tax-exempt status; preference; protection. (a) Revenue bonds issued pursuant to this part, to the extent practicable, shall be issued to comply with requirements imposed by applicable federal law providing that the interest on revenue bonds shall be excluded fr…

§10-25.5 Support facility for variable rate revenue bonds. If revenue bonds issued pursuant to this chapter are issued bearing interest at a rate or rates that vary from time to time or with a right of holders to tender the revenue bonds for purchase, or both, the board may contr…

[§10-26] CUSIP numbers. The board in its discretion may provide that CUSIP identification numbers shall be imprinted on revenue bonds issued under this part. In the event such numbers are imprinted on any such bonds: The board in its discretion may require that all cost of obtain…

§10-27 Covenants in resolution authorizing revenue bonds. Any resolution or resolutions authorizing the issuance of revenue bonds under this part may contain covenants as to: This part and any such resolution or resolutions shall be a contract with the holders of bonds issued und…

§10-28 Validity of bonds. Revenue bonds issued under this part shall bear the manual signatures of the chairperson of the board and the administrator, and shall be sealed with the seal of the board or in lieu thereof shall bear a lithographed or engraved facsimile of the seal. If…

§10-29 Bonds. The resolution or resolutions authorizing the issuance of revenue bonds may pledge to the payment thereof all or any part of the revenue of an office project or projects, of a loan program or programs, or of the office, and the pledge shall constitute a lien on the …

§10-3 Purpose of the office. The purposes of the office of Hawaiian affairs include:

§10-30 Payment and security of revenue bonds; revenue bonds not a debt of the State. Revenue bonds issued under this part shall be payable from and secured solely by the revenues of the office project or projects, the revenues of the loan program or programs, or revenues of the o…

§10-31 Office of Hawaiian affairs projects and loan programs to be self-supporting. The board shall impose and collect rates, rents, fees, and charges for the use or enjoyment and services of the facilities of each office project or for each loan program, as applicable, and shall…

§10‑32 Office of Hawaiian affairs projects, loan programs, and bonds exempt from taxation. The property and revenue of any office project or loan program shall be exempt from all state, county, and municipal taxation and assessments. Revenue bonds issued under this part, and all …

[§10‑33] Powers herein, additional to other powers. The powers conferred by this part shall be in addition and supplemental to the powers conferred by any other general, special, or local law. Insofar as this part is inconsistent with any other general, special, or local law this…

§10‑34 Funding and refunding bonds; authorization and purpose. The board, without further authorization from the legislature, may provide for the issuance of revenue bonds (herein referred to as refunding bonds) for the purpose of refunding, redeeming, or retiring at or at any ti…

[§10-35] Funding and refunding bonds; principal amount. Refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all bonds or indebtedness to be funded or refunded thereby, and for the payment of all expenses paid or incurred in connectio…

[§10-36] Limitation of authority. Notwithstanding any other provision to the contrary, nothing in this part shall be construed to authorize the board to incur any indebtedness contrary to Article VII, sections 12 and 13, of the Constitution of the State or to incur any indebtedne…

§10-4 Office of Hawaiian affairs; established; general powers. There shall be an office of Hawaiian affairs constituted as a body corporate which shall be a separate entity independent of the executive branch. The office, under the direction of the board of trustees, shall have t…

[§10-4.5] Authority over disbursements. (a) Except as provided in subsection (b), and notwithstanding any other law to the contrary, the office shall have and exercise the power to make all necessary and appropriate disbursements of its moneys by issuing checks in its own name an…

[PART III.] TRAINING; CERTAIN BOARDS, COMMISSIONS, AND COUNCILS; NATIVE HAWAIIAN AND HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS, NATURAL RESOURCE PROTECTION AND ACCESS RIGHTS, AND THE PUBLIC TRUST §10-41 Training; applicability. (a) The training required by this part shall apply t…

[§10-42] Training relating to native Hawaiian and Hawaiian traditional and customary rights, natural resources and access rights, and the public trust. (a) All council, board, and commission members identified in section 10-41(a) shall complete the training course administered by…

§10-5 Board of trustees; powers and duties. The board shall have the power in accordance with law to:

§10-6 General duties of the board. (a) The general duties of the board shall be: (b) The board shall have any powers which may be necessary for the full and effective performance and discharge of the duties imposed by this chapter, and which may be necessary to fully and complete…

[§10-7] Board of trustees. The office of Hawaiian affairs shall be governed by a board to be officially known as the board of trustees, office of Hawaiian affairs. Members of the board shall be elected in accordance with chapter 13D, with reference to sections 11-15, 11-25, 12-5,…

§10-8 Organization; quorum; meeting. The board, at its first meeting after an election, shall elect from its own membership a chairperson and a vice-chairperson who shall serve at the pleasure of the board. Their election shall be immediately certified by the board to the lieuten…

§10-9 Salaries; benefit; expenses. Members of the board:

§10-9.5 Salary commission; established. (a) There is established a salary commission for the members of the board of trustees for the office of Hawaiian affairs. The salary commission shall consist of seven members appointed by the governor on or before August 31, 1999, and every…