reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-4.5 Authority over disbursements

§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 and by any other means.
(b) The office shall have and exercise the power to deposit any of its moneys in any banking institution within or outside the State, to the extent necessary to implement subsection (a).
(c) The department of accounting and general services, with the approval of the office of Hawaiian affairs, may continue to perform the payroll function of the office, including the issuance of salary checks for the office's employees. [L 2005, c 107, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-5 Board of trustees; powers and duties.

§10-5 Board of trustees; powers and duties.
The board shall have the power in accordance with law to:
(1) Manage, invest, and administer the proceeds from the sale or other disposition of lands, natural resources, minerals, and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds from that pro rata portion of the trust referred to in section 10-3;
(2) Exercise control over real and personal property set aside to the office by the State of Hawaii, the United States of America, or any private sources, and transferred to the office for native Hawaiians and Hawaiians;
(3) Collect, receive, deposit, withdraw, and invest money and property on behalf of the office;
(4) Formulate policy relating to the affairs of native Hawaiians and Hawaiians, provided that such policy shall not diminish or limit the benefits of native Hawaiians under article XII, section 4, of the state Constitution;
(5) Otherwise act as a trustee as provided by law;
(6) Delegate to the administrator, its officers and employees such powers and duties as may be proper for the performance of the powers and duties vested in the board;
(7) Provide grants to individuals, and public or private organizations to better the conditions of native Hawaiians and Hawaiians consistent with the standards set forth in section 10-17;
(8) Make available technical and financial assistance and advisory services to any agency or private organization for native Hawaiian and Hawaiian programs, and for other functions pertinent to the purposes of the office of Hawaiian affairs. Financial assistance may be rendered through contractual arrangements as may be agreed upon by the board and any such agency or organization; and
(9) Adopt and use a common seal by which all official acts shall be authenticated. [L 1979, c 196, pt of §2; am L 1990, c 304, § §5, 16; am L 1996, c 240, §1; am L 2002, c 182, §3]
Case Notes
Act 304, L 1990, was invalidated by its own severability clause when amendments made to § §10-2 and 10-13.5 by Act 304 were found to conflict with the federal Forgiveness Act (Pub. L. No. 105-66, §340, 111 Stat. at 1448), leaving court with no judicially manageable standards to determine whether office of Hawaiian affairs was entitled to the specific revenues sought in the suit. 96 H. 388, 31 P.3d 901.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-6 General duties of the board.

§10-6 General duties of the board.
(a) The general duties of the board shall be:
(1) To develop and continually update a strategic plan for the office that shall include, but not be limited to, the following:
(A) Compilation of basic demographic data on native Hawaiians and Hawaiians;
(B) Identification of the physical, sociological, psychological, and economic needs of native Hawaiians and Hawaiians;
(C) Establishment of long-range goals for the office's programs and services for native Hawaiians and Hawaiians;
(D) Establishment of priorities and alternatives for the office's program and service implementation; and
(E) Organization of the office's administrative and program structure, including the use of facilities and personnel;
(2) To assist in the development of state and county agency plans for native Hawaiian and Hawaiian programs and services;
(3) To maintain an inventory of federal, state, county, and private programs and services for Hawaiians and native Hawaiians and act as a clearinghouse and referral agency;
(4) To advise and inform federal, state, and county officials about native Hawaiian and Hawaiian programs, and coordinate federal, state, and county activities relating to native Hawaiians and Hawaiians;
(5) To conduct, encourage, and maintain research relating to native Hawaiians and Hawaiians;
(6) To develop and review models for comprehensive native Hawaiian and Hawaiian programs;
(7) To act as a clearinghouse for applications for federal or state assistance to carry out native Hawaiian or Hawaiian programs or projects;
(8) To apply for, accept and administer any federal funds made available or allotted under any federal act for native Hawaiians or Hawaiians; and
(9) To promote and assist the establishment of agencies to serve native Hawaiians and Hawaiians.
(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 completely effectuate the purposes of this chapter. [L 1979, c 196, pt of §2; am L 2006, c 2, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-7 Board of trustees.

§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, 12-6, and vacancies shall be filled in accordance with section 17-7. [L 1979, c 196, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-8 Organization; quorum; meeting.

§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 lieutenant governor.
A majority of all members to which the board is entitled shall constitute a quorum to do business. The concurrence of a majority of all members to which the board is entitled shall be necessary to make any action of the board valid; provided that due notice shall be given to all members.
Meetings shall be called and held at the call of the chair or by a quorum, as often as may be necessary for transaction of the board's business. The board shall meet at least once annually on each of the islands of Hawaii, Maui, Molokai, Lanai, Kauai, and Oahu. [L 1979, c 196, pt of §2; am L 1985, c 158, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-9 Salaries; benefit; expenses.

§10-9 Salaries; benefit; expenses.
Members of the board:
(1) Shall receive an annual salary which shall be paid:
(A) Exclusively from revenue under section 10-13.5; and
(B) In equal amounts, beginning with the first pay period for state employees in November of the year the member of the board is elected.
Effective July 1, 1993, and until the salary commission makes recommendations for salary, the salary of the chairperson of the board shall be $37,000 a year and the salary of other members of the board shall be $32,000 a year. Any provision of law to the contrary notwithstanding, all members of the board shall be included in any benefit program generally applicable to officers and employees of the State;
(2) Shall be allowed transportation fares between islands and abroad;
(3) Shall be allowed personal expenses at the rates specified by the board while attending board meetings or while on official business as authorized by the chairperson, when those board meetings or official business shall require a member to leave the island upon which the member resides; and
(4) Shall be allowed a protocol allowance to cover expenses incurred in the course of a member's duties and responsibilities. [L 1979, c 196, pt of §2; am L 1981, c 148, §1; am L 1989, c 290, §1; am L 1993, c 358, §3; am L 2002, c 148, §1 and c 183, §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-9.5 Salary commission; established.

§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 four years thereafter. The members of the salary commission shall be selected from nominations submitted by native Hawaiian organizations as defined in section 673-2(c). The members shall serve without compensation, but shall be entitled to reimbursement for necessary expenses while in the discharge of their duties and responsibilities.
(b) Before the twentieth legislative day of the regular session of 2000 and every four years thereafter, the salary commission shall study and make recommendations for the salary of the members of the board of trustees for the office of Hawaiian affairs, and then shall be dissolved. The recommended salary shall be effective as of the date of the recommendations unless the legislature disapproves the recommendation by adoption of a concurrent resolution prior to adjournment sine die of the legislative session in which the recommendation is submitted. [L 1993, c 358, pt of §2; am L 1999, c 191, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-10 Administrator; appointment, tenure, removal.

§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 is entitled, may remove the administrator for cause at any time. [L 1979, c 196, pt of §2; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-11 Salary of the administrator.

§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 generally applicable to officers and employees of the State. [L 1979, c 196, pt of §2; am L 1981, c 130, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-12 Assistant; staff.

§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. Officers and employees of the office of Hawaiian affairs shall be included in any benefit program generally applicable to officers and employees of the State. [L 1979, c 196, pt of §2; am L 1990, c 231, §1; am L 2000, c 253, §150]
Case Notes
Where plaintiff, terminated OHA chief financial officer, claimed that defendants, OHA administrator and trustee, in individual capacities, unlawfully deprived plaintiff of plaintiff's property and liberty without due process of law, in violation of 42 U.S.C. §1983, defendants' motion for summary judgment granted with prejudice as to these claims. 120 F. Supp. 2d 1244.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-13 Appropriations; accounts; reports.

§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 vouchers on behalf of the board. All moneys received by or on behalf of the board shall be deposited with the director of finance and kept separate from moneys in the state treasury; except that any moneys received from the federal government or from private contributions shall be deposited and accounted for in accordance with conditions established by the agencies or persons from whom the moneys are received; and except that with the concurrence of the director of finance, moneys received from the federal government for research, training, and other related purposes of a transitory nature, and moneys in trust or revolving funds administered by the office, shall be deposited in depositories other than the state treasury and shall be reported on to the state comptroller under section 40-81, and rules prescribed thereunder.
Income derived from the sale of goods or services and income from lands and property as described in section 10-3, shall be credited to special or other funds; provided that upon the recommendation of the office, the comptroller shall establish such other separate accounts or special funds for other designated revenues as may be directed by the board or its authorized representative. [L 1979, c 196, pt of §2; am L 1981, c 37, §2; am L 1990, c 304, § §6, 16]
Law Journals and Reviews
Ensuring Our Future by Protecting Our Past: An Indigenous Reconciliation Approach to Improving Native Hawaiian Burial Protection. 33 UH L. Rev. 321 (2010).
Case Notes
Act 304, L 1990, was invalidated by its own severability clause when amendments made to § §10-2 and 10-13.5 by Act 304 were found to conflict with the federal Forgiveness Act (Pub. L. No. 105-66, §340, 111 Stat. at 1448), leaving court with no judicially manageable standards to determine whether office of Hawaiian affairs was entitled to the specific revenues sought in the suit. 96 H. 388, 31 P.3d 901.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 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 public land trust under article XII, section 6 of the state constitution for expenditure by the office of Hawaiian affairs for the betterment of the conditions of native Hawaiians for each of fiscal year 1997-1998 and fiscal year 1998-1999 shall be $15,100,000. [L 1997, c 329, §2] Law Journals and Reviews Demolition of Native Rights and Self Determination: Act 55's Devastating Impact through the Development of Hawaii's Public Lands. 35 UH L. Rev. 297 (2013).

§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 public land trust under article XII, section 6 of the state constitution for expenditure by the office of Hawaiian affairs for the betterment of the conditions of native Hawaiians for each of fiscal year 1997-1998 and fiscal year 1998-1999 shall be $15,100,000. [L 1997, c 329, §2]
Law Journals and Reviews
Demolition of Native Rights and Self Determination: Act 55's Devastating Impact through the Development of Hawaii's Public Lands. 35 UH L. Rev. 297 (2013).
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-13.5 Use of public land trust proceeds.

§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]
Attorney General Opinions
Legislature must again determine which income and proceeds from the public land trust lands are to go to the office of Hawaiian affairs (OHA). Until legislature reestablishes a funding mechanism for OHA, Executive Order No. 03-03 is the only mechanism in place for transferring receipts from the use of ceded lands to OHA; receipts from the sale or transfer of biogenetic resources do not qualify for transfer under the order. Att. Gen. Op. 03-3.
Receipts derived from ceded lands apportioned for native Hawaiians pursuant to article XII, §6 of the state constitution and this section may be transmitted directly to office of Hawaiian affairs by agencies that collect them, without legislative appropriation. Att. Gen. Op. 03-4.
Law Journals and Reviews
The Lum Court and Native Hawaiian Rights. 14 UH L. Rev. 377.
Native Hawaiians, Self-Determination, and the Inadequacy of the State Land Trusts. 14 UH L. Rev. 519.
Hawai`i's Justiciability Doctrine. 26 UH L. Rev. 537.
Biopiracy in Paradise?: Fulfilling the Legal Duty to Regulate Bioprospecting in Hawai`i. 28 UH L. Rev. 387.
Case Notes
Section contained no judicially discoverable or manageable standards that could be employed to resolve OHA's claims to twenty per cent of revenues. 69 H. 154, 737 P.2d 446.
Act 304, L 1990, was invalidated by its own severability clause when amendment to this section by Act 304 was found to conflict with the federal Forgiveness Act (Pub. L. No. 105-66, §340, 111 Stat. at 1448), leaving court with no judicially manageable standards to determine whether office of Hawaiian affairs was entitled to the specific revenues sought in the suit. 96 H. 388, 31 P.3d 901.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 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 submission schedule specified for the governor in chapter 37 and shall contain the program information specified in that chapter that is applicable to the office of Hawaiian affairs. Not less than twenty days prior to the convening of each regular session of the legislature, the office of Hawaiian affairs shall submit to the legislature an accounting of the expenditures made in the prior fiscal year, by account code and budget program. By November 1 of each year preceding a legislative session in which a budget is to be submitted, the board shall provide written notification to the governor of the proposed total expenditures, by cost categories and sources of funding, and estimated revenues of the office of Hawaiian affairs for each fiscal year of the next fiscal biennium. (b) The board shall provide opportunities for beneficiaries in every county to participate in the preparation of each biennial and supplemental budget of the office of Hawaiian affairs. These opportunities shall include an accounting by trustees of the funds expended and of the effectiveness of programs undertaken. (c) The office shall be subject to governmental audit. [L 1990, c 221, pt of §2]

§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 submission schedule specified for the governor in chapter 37 and shall contain the program information specified in that chapter that is applicable to the office of Hawaiian affairs. Not less than twenty days prior to the convening of each regular session of the legislature, the office of Hawaiian affairs shall submit to the legislature an accounting of the expenditures made in the prior fiscal year, by account code and budget program. By November 1 of each year preceding a legislative session in which a budget is to be submitted, the board shall provide written notification to the governor of the proposed total expenditures, by cost categories and sources of funding, and estimated revenues of the office of Hawaiian affairs for each fiscal year of the next fiscal biennium.
(b) The board shall provide opportunities for beneficiaries in every county to participate in the preparation of each biennial and supplemental budget of the office of Hawaiian affairs. These opportunities shall include an accounting by trustees of the funds expended and of the effectiveness of programs undertaken.
(c) The office shall be subject to governmental audit. [L 1990, c 221, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-14.55 Audit and report.

§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 first audit report shall be submitted no later than January 15, 1996. [L 1993, c 358, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 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, pt of §2]

§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, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-15 Annual report.

§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 legislature ten days prior to the convening of each regular session of the legislature. The board shall prepare and submit special reports as may be required by the legislature. [L 1979, c 196, pt of §2; am L 1990, c 221, §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-15.5 REPEALED.

§10-15.5 REPEALED.
L 1990, c 304, § §14, 16.
Note
Act 304, Session Laws of Hawaii 1990, was invalidated by its own severability clause because amendments made to § §10-2 and 10-13.5 by Act 304 were found to conflict with the federal Forgiveness Act (Pub. L. No. 105-66, §340, 111 Stat. at 1448); thus, §14 of Act 304, codified as §10-15.5, is repealed.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-16 Suits.

§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 office, its officers and employees, and the members of the board shall be subject to suit only in the manner provided for suits against the State under chapter 662.
(c) In matters of misapplication of funds and resources in breach of fiduciary duty, board members shall be subject to suit brought by any beneficiary of the public trust entrusted upon the office, either through the office of the attorney general or through private counsel.
(d) In matters involving other forms of remedies, the office, its officers and employees, and the members of the board shall be subject to suit as provided by any other provision of law and by the common law. [L 1979, c 196, pt of §2]
Case Notes
Where plaintiff office of Hawaiian affairs brought suit in its own corporate name under this section, rather than as an agency of the State on behalf of the people of the State, §657-1.5 did not exempt plaintiff from the statute of limitations for bringing a suit under §673-10. 110 H. 338, 133 P.3d 767.
Plaintiffs' complaint failed to state a breach of fiduciary duty claim under subsection (c), where the complaint: (1) did not allege that the office of Hawaiian affairs trustees' spending decisions were made for any purpose other than benefiting native Hawaiians; (2) did not allege that the expenditures were in conflict with or adverse to the interests of native Hawaiians; and (3) lacked factual allegations that the expenditures were in furtherance of programs that do not benefit native Hawaiians. The conclusory allegations in the amended complaint, without more, were insufficient to state a claim. 131 H. 62, 315 P.3d 213 (2013).
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-18 Hui `Imi advisory council.

§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:
(1) Office of Hawaiian affairs;
(2) Department of education;
(3) Department of Hawaiian home lands;
(4) Department of health;
(5) Department of human services;
(6) Department of business, economic development, and tourism;
(7) Department of land and natural resources;
(8) University of Hawaii;
(9) House of representatives standing committee with primary jurisdiction over Hawaiian affairs;
(10) Senate standing committee with primary jurisdiction over Hawaiian affairs;
(11) Alu Like, Inc.;
(12) The Association of Hawaiian Civic Clubs;
(13) E Ola Mau;
(14) The Kamehameha Schools;
(15) The Lunalilo Home;
(16) The Native Hawaiian Culture and Arts Program of the Bernice Pauahi Bishop Museum;
(17) The Native Hawaiian Legal Corporation;
(18) Papa Ola Lokahi;
(19) The Queen Lili`uokalani Children's Center;
(20) Council for Native Hawaiian Advancement; and
(21) Any other agency, organization, or entity that expresses interest to participate in fulfilling the advisory council's mandate.
The advisory council shall make a good faith effort to include as members other public and private agencies, organizations, or entities that express interest in fulfilling the advisory council's mandate.
(b) Each member shall be appointed by the director or other chief executive of the member's organization within forty-five days following July 1, 2003. The advisory council members shall select a chairperson and establish procedural rules for its internal administration. The rules shall be exempt from the public notice and hearing provisions of chapter 91. Administrative expenses of the advisory council, such as photocopying, postage, stationery, and office supplies incidental to the performance of members' duties may be reimbursed out of appropriations made to the advisory council, but members of the advisory council shall otherwise serve without compensation and without reimbursement for travel expenses.
(c) The Hui `Imi advisory council shall:
(1) Serve as a liaison between public and private entities serving the Hawaiian community in the planning and development of collaborative public and private endeavors;
(2) Investigate the issues described in the Hui `Imi task force report volumes I and II and such other issues affecting Hawaiians as the advisory council shall designate; and
(3) Submit a report of its findings and recommendations, which report shall include an action plan for the implementation of the Hui `Imi task force report volumes I and II, with a view toward incorporating the action plan into the state general plan. The report shall be submitted to the governor and the legislature no later than twenty days prior to the convening of the regular session of 2005. [L 2003, c 42, §2]
Revision Note
"July 1, 2003" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-19 Hawaiian registry.

§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 aboriginal peoples inhabiting the Hawaiian Islands in 1778. [L 2003, c 217, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-20 Taro security; funding.

§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.
(b) The office may use and distribute funds received pursuant to subsection (a) for projects that use taro for:
(1) Flood control;
(2) Wetland restoration and preservation;
(3) Food security;
(4) Community economic development;
(5) Job creation;
(6) Education; and
(7) Water-quality protection. [L 2010, c 196, §2]
Cross References
Hand-pounded poi, see §321-4.7.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-21 Definitions.

§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 individuals or organizations, by making loans or causing loans to be made available to them or by buying, refinancing, or guaranteeing loans made to or other obligations incurred by them for the betterment of native Hawaiians.
"Office project" or "project" means:
(1) The lawful acquisition of any property, real, personal, or mixed, tangible or intangible, or any interests therein, pursuant to section 10-4(2);
(2) Any capital improvement projects on lands held by the office pursuant to section 10-4(2) or in the public land trust, including but not limited to the construction of buildings and other improvements; infrastructure development, and other enterprises which are acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by or on behalf of the office;
(3) Pilot projects, demonstrations, or both, where those projects or demonstrations fulfill criteria established by the board, pursuant to section 10-5(7); and
(4) Any other projects determined by rules adopted by the board pursuant to chapter 91 or otherwise authorized by the board in accordance with applicable law to be for the betterment of native Hawaiians and are consistent with the purposes of this chapter.
For purposes of this chapter, the term "office project" or "project" may include projects of the foregoing types that are undertaken by the office in cooperation with other governmental entities or private individuals or organizations.
"Reserves" means reserves required or permitted in the covenants in the resolution or resolutions of the board authorizing the obtaining of loans or issuance of revenue bonds under this part.
"Revenue bonds" means revenue bonds, interim certificates, notes, debentures, or other evidence of indebtedness of the board authorized by or issued under this part.
"Revenues of the office" or "office's revenue" means all rates, rentals, fees and charges, and user taxes, received by the office of Hawaiian affairs, and all money and revenue derived from the operations of the office, other than:
(1) General appropriations; and
(2) Funds, the terms of which preclude their being used for payment of the costs of acquisition, purchase, construction, reconstruction, improvement, betterment, extension, or maintenance of an office project or the costs of a loan program or the payment of principal or interest of revenue bonds.
For purposes of the issuance of revenue bonds, the office or any office project or projects shall constitute a public undertaking, improvement, or system. [L 1994, c 283, pt of §2(2); am L 2009, c 146, §3; am L 2013, c 171, §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-22 Powers of the board.

§10-22 Powers of the board.
In addition to the powers which it now possesses, the board shall have power to:
(1) Prescribe and collect rents, fees, and charges for the use of or services furnished by any office project or the facilities thereof or of any loan program;
(2) Issue revenue bonds under this chapter, in such principal amounts as may be authorized by the legislature from time to time, to finance in whole or in part the cost of acquisition, purchase, construction, reconstruction, improvement, betterment, extension, or maintenance of any office project or the establishment, funding, or administration of any loan program, including reserves therefor;
(3) Pledge to the punctual payment of such revenue bonds and interest thereon, the revenue of the office project or projects or loan program or programs for which the bonds have been issued, or the revenues of the office, or both, in an amount sufficient to pay such bonds and interest as the same become due and to create and maintain reasonable reserves therefor; and
(4) Advance such moneys of the office, not otherwise required, as are necessary to pay the expenses incurred in making the preparations for the initial issuance of revenue bonds under this part, and to take any other action necessary or proper for carrying into execution and administering this part, including providing for the full use of office projects or the establishment, funding, and administration of any loan program in every way conducive to the furtherance of any or all purposes of the office. [L 1994, c 283, pt of §2(2); am L 2009, c 146, §5; am L 2013, c 171, §4]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-23 Authorization of office projects and loan programs; issuance of revenue bonds.

§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 administration of any loan program, and authorization for issuance of revenue bonds under this part shall be by resolution or resolutions of the board. The resolution may be adopted at the same meeting at which it is introduced by a majority of all the members of the board then in office and shall take effect immediately upon adoption. [L 1994, c 283, pt of §2(2); am L 2013, c 171, §5]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-24 Revenue bond anticipation notes.

§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 which the bonds have been authorized, the maximum principal amount of which shall not exceed the authorized principal amount of the bonds. The notes shall be payable solely from and secured solely by the proceeds of the sale of the bonds in anticipation of which the notes are issued and the revenues from which would be payable and by which would be secured the bonds; provided that to the extent the principal of the notes is paid from moneys other than the proceeds of the sale of the bonds, the maximum amount of bonds in anticipation of which the notes are issued that has been authorized shall be reduced by the amount of the notes so paid. The issuance of the notes and the details thereof shall be governed by this part with respect to bonds as applicable; provided that:
(1) Each note, together with all renewals and extensions, or refundings by other notes issued under this section, shall mature within five years from the date of the original note; and
(2) The notes may be sold at public or private sale, as the board may determine. [L 1994, c 283, pt of §2(2)]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-25.1 Federal tax-exempt status; preference; protection.

§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 from gross income for federal income tax purposes (except as certain minimum taxes or environmental taxes may apply). The board is authorized to enter into agreements, establish funds or accounts, and take any action required in order to comply with applicable federal law. Nothing in this part or this chapter shall be deemed to prohibit the issuance of revenue bonds, the interest on which may be included in gross income for federal income tax purposes.
(b) For the purpose of ensuring that interest on revenue bonds issued pursuant to this part which is excluded from gross income for federal income tax purposes (except as provided in subsection (a)) on the date of issuance shall continue to be so excluded, no state officer or employee, or user of an undertaking or loan program shall authorize or allow any change, amendment, or modification to an undertaking or loan program financed or refinanced with the proceeds of revenue bonds which change, amendment, or modification thereto would affect the exclusion of interest on those revenue bonds from gross income for federal income tax purposes unless the change, amendment, or modification shall have received the prior approval of the board. Failure to receive the approval of the board shall render any change, amendment, or modification void. [L 2013, c 171, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 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 contract for a support facility or facilities and remarketing arrangements as are required to market the revenue bonds to the greatest advantage of the board and the office upon terms and conditions as the board deems necessary and proper. The board may enter into contracts or agreements with the entity or entities providing a support facility; provided that any contract or agreement shall provide, in essence, that any amount due and owing by the board under the contract or agreement on an annual basis shall be payable from the revenue of the office project or loan program for which revenue bonds are issued or the revenue of the office; provided further that any obligation issued or arising pursuant to the terms of the contract or agreement in the form of revenue bonds, notes, or other evidences of indebtedness shall only arise at such time as either: (1) Moneys or securities have been irrevocably set aside for the full payment of a like principal amount of revenue bonds issued pursuant to this chapter; or (2) A like principal amount of the issue or series of revenue bonds to which the support facility relates are held in escrow by the entity or entities providing the support facility. [L 2009, c 146, §2; am L 2013, c 171, §6]

§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 contract for a support facility or facilities and remarketing arrangements as are required to market the revenue bonds to the greatest advantage of the board and the office upon terms and conditions as the board deems necessary and proper.
The board may enter into contracts or agreements with the entity or entities providing a support facility; provided that any contract or agreement shall provide, in essence, that any amount due and owing by the board under the contract or agreement on an annual basis shall be payable from the revenue of the office project or loan program for which revenue bonds are issued or the revenue of the office; provided further that any obligation issued or arising pursuant to the terms of the contract or agreement in the form of revenue bonds, notes, or other evidences of indebtedness shall only arise at such time as either:
(1) Moneys or securities have been irrevocably set aside for the full payment of a like principal amount of revenue bonds issued pursuant to this chapter; or
(2) A like principal amount of the issue or series of revenue bonds to which the support facility relates are held in escrow by the entity or entities providing the support facility. [L 2009, c 146, §2; am L 2013, c 171, §6]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-26 CUSIP numbers.

§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:
(1) No such number shall constitute a part of the contract evidenced by the particular bonds upon which it is imprinted; and
(2) No liability shall attach to the board or any officer or agent thereof or the State or any officer thereof, including any fiscal agent, paying agent, or registrar for such bonds, by reason of such numbers or any use made thereof, including any use thereof made by the board, the State, any such officer or any such agent, or by reason of any inaccuracy, error, or omission with respect thereto or in such use.
The board in its discretion may require that all cost of obtaining and imprinting such numbers shall be paid by the purchaser of such bonds. For the purposes of this section, the term "CUSIP identification numbers" means the numbering system adopted by the Committee for Uniform Security Identification Procedures formed by the Securities Industry Association. [L 1994, c 283, pt of §2(2)]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-28 Validity of bonds.

§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 the board designates a registrar other than itself for the revenue bonds, the resolution authorizing the revenue bonds may provide that none of the revenue bonds shall be valid or obligatory for any purpose unless authenticated by the registrar. If the resolution so provides, then all signatures of the board upon the revenue bonds may be facsimiles of the signatures, and the revenue bonds shall be valid and obligatory only if authenticated by the manual signature of an authorized officer or signatory of the registrar. Revenue bonds bearing the signature of officers in office at the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, extension, or maintenance of the office project or projects or the establishment, funding, or administration of the loan program or programs for which the bonds were issued. The resolution authorizing the issuance of revenue bonds may provide that the bonds shall contain a recital that they are issued pursuant to this part, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. [L 1994, c 283, pt of §2(2); am L 2009, c 146, §7; am L 2013, c 171, §8]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-29 Bonds.

§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 revenue of such project or projects, of such loan program or programs, or of the office to the extent and in the manner in the resolution or resolutions provided prior and paramount to any claim or other obligation of any nature against the revenue so pledged subsequently arising or subsequently incurred. The board may provide in the resolution or resolutions that all revenue bonds of the same issue shall be equally and ratably secured without priority by reason of number, date, or maturity of the bonds, date of sale, execution, or delivery thereof. Any pledge of revenues contained in any resolution or resolutions adopted under this part shall be valid and binding from and after the adoption of the resolution or resolutions without physical delivery of the revenues therein pledged or the necessity of any further action by the State or the board, or any officer or agent of either the State or board. [L 1994, c 283, pt of §2(2); am L 2013, c 171, §9]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 10. Office of Hawaiian Affairs › 10-30 Payment and security of revenue bonds; revenue bonds not a debt of the State.

§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 office pledged to the payment thereof, or both, and those revenues shall be applied to the payment in accordance with the provisions of this part and the resolution or resolutions authorizing the issuance of the revenue bonds. No holder or holders of any revenue bonds issued under this part shall have the right to compel any exercise of the taxing power of the State or the making of any appropriation to pay the revenue bonds, or interest thereon. Each revenue bond shall recite in substance that the revenue bond, including interest thereon, is payable solely from and secured by the revenue pledged to the payment thereof, and that the bond does not constitute a general or moral obligation or indebtedness of the State within the meaning of any law. [L 1994, c 283, pt of §2(2); am L 2009, c 146, §8; am L 2013, c 171, §10]