STAND. COM. REP. NO. 714

Honolulu, Hawaii

RE:    S.B. No. 981

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 981, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS,"

begs leave to report as follows:

     The purpose and intent of this measure is to protect native Hawaiian and Hawaiian traditional customary rights by:

     (1)  Requiring members of certain state councils, boards, and commissions to undergo training conducted by the Office of Hawaiian Affairs on issues related to native Hawaiian rights; and

     (2)  Requiring the Office of Hawaiian Affairs to establish, design, and facilitate a training course related to native Hawaiian and Hawaiian traditional and customary rights.

     Your Committee received written comments in support of this measure from the Office of Hawaiian Affairs.  Your Committee received written comments in opposition to the measure from the Hawaii Farm Bureau Federation.  Your Committee received comments on this measure from William J. Aila, Jr., Chairperson, Department of Land and Natural Resources.

     Your Committee finds that not all individuals selected to serve on certain councils, boards, and commissions possess knowledge of the unique rights and responsibilities of the Hawaiian community.  It is important that these members learn about native Hawaiian issues because they administer public trust resources and programs that directly impact native Hawaiian traditional and customary rights, natural resource protection and access rights, and the public trust.

     Your Committee recommends that in developing the curriculum for the training course, the Office of Hawaiian Affairs utilize resources within the University of Hawaii system to the extent possible.  Furthermore, with regard to funding, your Committee notes that the Office of Hawaiian Affairs has sufficient resources to fund the implementation of the training course without requesting additional funding.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and

     (2)  Making technical, nonsubstantive amendments for the purposes of style, clarity, and consistency.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 981, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 981, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair