Nhsc-v1-443

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nhsc-v1-443

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28/ Ibid. §6. POWER OF BOARD OF TRUSTEES. The board of trustees of the Office of Hawaiian Affairs shall exercise power as provided by law: to manage and administer the proceeds from the sale or other disposition of the lands, natural resources, minerals and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds referred to in section 4 of this article for native Hawaiians; to formulate policy relating to affairs of native Hawaiians and Hawaiians; and to exercise control over real and personal property set aside by state, federal or private sources and transferred to the board for native Hawaiians and Hawaiians. The board shall have the power to exercise control over the Office of Hawaiian Affairs through its executive officer, the administrator of the Office of Hawaiian Affairs, who shall be appointed by the board. (Add Const. Con. 1978 and election Nov. 7, 1978).

29/ The definitional section in the proposed amendment defined Hawaiian as "any descendant of the races inhabiting the Hawaiian Islands, previous to 1778" and native Hawaiians as "descendants of not less than one-half of the blood of races inhabiting the Hawaiian Islands previous to 1778 as defined by the Hawaiian Homes Commission Act, 1920, as amended or may be amended." 1978 Constitutional Convention Proposal No. 13, R.D.2, S.l. Kahalekai v. Doi, 60 Haw. 324, 590 P. 2d 543 (1979), held that this section was not validly ratified.

30/ Constitutional Convention of 1978, Committee on Hawaiian Affairs Standing Comm. Report No. 59 and Committee of the Whole.Report No. 13.

31/ See Hawaiian Hones Commission Act7_42 Stat. 108.

32/ Admission Act, supra at §5(f).

33/ Act 273, 1980 Legislative Session, codified at Haw. Rev. Stat. §10-13.5.

34/ In the 1980 election, 54,083 Hawaiians registered to vote in the OHA elections representing over 80 percent of the total estimated eligible Hawaiian voters. 78.9 percent of these registered voters cast ballots in the OHA election.

35/ Haw. Rev. Stat. §10-4.

36/ Ibid. sets forth the powers of the OHA trustees.

37/ Ibid at §10-3.

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