STAND. COM. REP. NO.  1592

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 23

      S.D. 1

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred S.B. No. 23, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NATIVE HAWAIIANS,"

begs leave to report as follows:

     The purpose of this bill is to:

(1)  Create the ‘aha kiole council within the Department of Land and Natural Resources (DLNR) to serve in an advisory capacity to the Governor and the Legislature on issues related to land and natural resource management through the ‘aha moku system; and

(2)  Require the ‘aha kiole council to submit an annual report to the Governor and the Legislature that includes a list of all recommendations made by the ‘aha kiole council and resulting actions taken by state and county agencies over the course of the year prior to the convening of each regular session.

The ‘Aha Kiole Advisory Committee and Maunalua Hawaiian Civic Club supported this measure.  DLNR, the Office of Hawaiian Affairs, and several individuals commented on this measure.

     Your Committee has amended this bill by:

(1)  Changing the name of the "‘aha kiole council" to "‘aha kiole advisory council" to reflect its advisory capacity, and thereby authorizing, rather than requiring, the ‘aha kiole advisory council to:

(A)  Serve in an advisory capacity to the Office of the Board of Land and Natural Resources (BLNR) Chairperson;

(B)  Advise the Office of the BLNR Chairperson on issues related to land and natural resource management through the ‘aha moku system; and

(C)  Carry out the other advisory responsibilities that are specified in the bill;

(2)  Deleting the authority of the ‘aha kiole advisory council to select an executive director;

(3)  Making it discretionary for ‘aha kiole advisory council members to be reimbursed for necessary expenses, including travel expenses, incurred while attending meetings approved in advance by the Office of the BLNR Chairperson;

(4)  Specifying that the annual report by the ‘aha kiole advisory council shall:

(A)  Be in English and Hawaiian and submitted to the Office of the BLNR Chairperson and the Legislature; and

(B)  Include the resulting action taken by DLNR over the course of the year;

(5)  Appropriating funds for reimbursement of necessary expenses incurred by members while attending meetings;

(6)  Changing its effective date to July 1, 2030, to facilitate continued discussion; and

(7)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 23, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 23, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

MARCUS R. OSHIRO, Chair