SECTION 1. The purpose of this Act is to appropriate funds for the biennial budget of the office of Hawaiian affairs. This Act shall be known and may be cited as the "Office of Hawaiian Affairs Appropriations Act of 2015".

SECTION 2. Unless otherwise clear from the context, as used in this Act:

"Means of financing", or "MOF", means the source from which funds are appropriated or authorized, as the case may be, to be expended for the programs and projects specified in this Act. Letter symbols following appropriations have the following meanings:

A General Funds

T Trust Funds

"Position ceiling" means the maximum number of permanent positions authorized for a particular program during a specified period or periods, as noted by an asterisk.

"Program ID" means the unique identifier of the specific program, and consists of the abbreviation for the office of Hawaiian affairs followed by a designated number for the program.

SECTION 3. The following sums, or so much thereof as may be necessary to accomplish the purposes and programs designated herein, are appropriated or authorized, as the case may be, from the sources of funding specified to the office of Hawaiian affairs for the fiscal biennium beginning July 1, 2015, and ending June 30, 2017. The total general fund expenditures and the number of permanent positions established in each fiscal year of the biennium shall not exceed the sums and the position ceilings indicated for each year, except as provided elsewhere in this Act.

______________ P R O G R A M A P P R O P R I A T I O N S__________________

___ APPROPRIATIONS____

FISCAL M FISCAL M

ITEM PROG. EXPENDING YEAR O YEAR O

NO. ID PROGRAM__________ AGENCY_____ 2015-16_____F_____2016-17__F

Hawaiian Affairs

A. ECONOMIC DEVELOPMENT

1. BED100 - STRATEGIC MARKETING & SUPPORT

0.63* 0.63*

OPERATING OHA 28,435A 28,435A

4.37* 4.37*

OHA 275,687T 275,687T

2. OHA160 - ADMINISTRATION

7.60* 7.60*

OPERATING OHA 700,159A 700,159A

32.40* 32.40*

OHA 2,861,727T 2,861,727T

3. OHA175 - BENEFICIARY ADVOCACY

2.86* 2.86*

OPERATING OHA 3,012,980A 3,012,980A

14.14* 14.14*

OHA 4,042,860T 4,042,860T

SECTION 4. Provided that the general fund appropriations in section 3 of this Act shall be expended by the office of Hawaiian affairs.

SECTION 5. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $415,000 in general funds and $415,000 in trust funds for fiscal year 2015-2016 and the sum of $415,000 in general funds and $415,000 in trust funds for fiscal year 2016-2017 shall provide for social services, including referral services and case management, to at-risk office of Hawaiian affairs beneficiaries to immediately address unexpected crises. Program activities shall be designed with an overall objective to provide financial assistance to improve stability during emergency situations; provided that notwithstanding section 10-17(e), Hawaii Revised Statutes, any funds expended for the purposes of this section shall be in accordance with chapter 103D or 103F, Hawaii Revised Statutes, as appropriate.

SECTION 6. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $615,000 in general funds and $615,000 in trust funds for fiscal year 2015-2016 and the sum of $615,000 in general funds and $615,000 in trust funds for fiscal year 2016-2017 shall provide for educational improvement programs for Native Hawaiian students. Program activities shall be designed to help Native Hawaiians meet or exceed educational standards; provided that notwithstanding section 10-17(e), Hawaii Revised Statutes, expenditure of any funds for the purposes of this section shall be made in accordance with chapter 103D or 103F, Hawaii Revised Statutes, or a competitive grants process, as appropriate.

SECTION 7. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $524,400 in general funds and $524,400 in trust funds for fiscal year 2015-2016 and the sum of $524,400 in general funds and $524,400 in trust funds for fiscal year 2016-2017 shall provide for legal services and legal representation to office of Hawaiian affairs beneficiaries for: the assertion and defense of quiet title actions; assistance with ahupua�a and kuleana tenant rights, including rights of access and rights to water; land title assistance, including review of title and genealogy; preservation of traditional and customary practices; protection of culturally significant places; and preservation of Native Hawaiian land trust entitlements; provided further that notwithstanding section 10-17(e), Hawaii Revised Statutes, expenditure of any funds expended for the purposes of this section shall be made in accordance with chapter 103D or 103F, Hawaii Revised Statutes, as appropriate.

SECTION 8. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $460,000 in general funds and $460,000 in trust funds for fiscal year 2015-2016 and the sum of $460,000 in general funds and $460,000 in trust funds for fiscal year 2016-2017 shall provide for health improvement services and programs to office of Hawaiian affairs beneficiaries to include information and referral services, case management and counseling, and the establishment of prevention programs. Direct services and prevention programs include those designed to have the greatest statewide impact on the overall wellness of Native Hawaiians through targeted foci on the reduction of Native Hawaiian chronic diseases rates, especially obesity; provided further that notwithstanding section 10-17(e), Hawaii Revised Statutes, expenditure of any funds expended for the purposes of this section shall be made in accordance with chapter 103D or 103F, Hawaii Revised Statutes, or a competitive grants process, as appropriate.

SECTION 9. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $455,000 in general funds and $455,000 in trust funds for fiscal year 2015-2016 and the sum of $455,000 in general funds and $455,000 in trust funds for fiscal year 2016-2017 shall provide for housing improvement programs to office of Hawaiian affairs beneficiaries to increase the capacity of Native Hawaiians to attain housing stability. Programs shall include information and referral services, case management and financial counseling and shall be designed with an overall objective to address barriers that hinder Native Hawaiians from obtaining housing; provided that notwithstanding section 10-17(e), Hawaii Revised Statutes, any funds expended for the purposes of this section shall be in accordance with chapter 103D or 103F, Hawaii Revised Statutes, or a competitive grants process, as appropriate.

SECTION 10. Provided that of the funds appropriated for beneficiary advocacy (OHA 175), the sum of $455,000 in general funds and $455,000 in trust funds for fiscal year 2015-2016 and the sum of $455,000 in general funds and $455,000 in trust funds for fiscal year 2016-2017 shall provide for income improvement programs to office of Hawaiian affairs beneficiaries to increase the capacity of Native Hawaiians to obtain higher-wage employment. Programs shall be designed with an overall goal to improve the ability of low- and moderate-income, under-employed, unemployed, or displaced Native Hawaiians to increase their incomes by expanding knowledge, skills, and abilities through the completion of high school equivalency, vocational training, or two-year degree programs; provided that notwithstanding section 10-17(e), Hawaii Revised Statutes, any funds expended for the purposes of this section shall be in accordance with chapter 103D or 103F, Hawaii Revised Statutes, or a competitive grants process, as appropriate.

SECTION 11. Provided that whenever necessary, the board of trustees of the office of Hawaiian affairs or the board's designee may transfer sufficient funds and positions between programs for operating purposes; provided further that these transfers shall not be inconsistent with legislative intent; provided further that a report of these fund transfers shall be made to the legislature no later than the end of the 2016 and 2017 fiscal years, respectively.

SECTION 12. If any portion of this Act or its application to any person or circumstances is held to be invalid for any reason, the remainder of the Act and any provision thereof shall not be affected. If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be independent of the invalid portion and shall be expended to fulfill the objective and intent of the appropriation to the extent possible.

SECTION 13. If manifest clerical, typographical, or other mechanical errors are found in this Act, the board of trustees of the office of Hawaiian affairs may correct these errors. All changes made pursuant to this section shall be reported to the legislature at its next session.

SECTION 14. This Act shall take effect on July 1, 2015.

INTRODUCED BY:	_____________________________
	By Request

THE SENATE	S.B. NO.	438
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII