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Senate committees advance HB 2438 to create Hawaii Cultural Trust account; legal question raised about trust beneficiaries
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Summary
Joint Senate committees voted to pass HB 2438 HD3 (Hawaii Cultural Trust) with amendments after brief testimony and a legal question about whether the proposed trust meets HRS §37‑62 beneficiary criteria. Committees adopted the measure and recorded 'aye' votes from present members.
Senate clerks opened the March 25 joint hearing and identified HB 2438 HD3, a bill to create a trust related to the Hawaii Cultural Trust, as the first item on the 1:00 PM agenda. The Department of Taxation indicated it would stand on its written testimony.
An attendee raised a statutory concern, noting that "the new trust fund created by this bill does not seem to meet the criteria in HRS section 37‑62," and argued that act creates a trust without identifiable beneficiaries with a tangible interest, suggesting funds could instead be dispersed directly to designated beneficiaries. The speaker offered to answer questions but did not file written testimony.
Committee members asked clarifying questions about revenue sources for the proposed trust, including whether income from specialty number plates would feed the account; clerks confirmed the proposal would not add a general‑fund appropriation or new fee beyond the designated sources discussed.
The chair announced a recommendation to pass HB 2438 with an SD1 that re‑defines the defective date. Committees proceeded to voice votes, with several senators recorded as "aye" and the presiding clerks stating that the measure had been adopted by the committees present.
The committees did not record extended debate on the bill; the hearing moved on to other agenda items after the measure was adopted. The committee report was expected to reflect the recommendation and any technical amendments noted during the session.
