THE SENATE

S.B. NO.

2134

TWENTY-NINTH LEGISLATURE, 2018

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRAINING.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

SECTION 1.  In Act 169, Session Laws of Hawaii 2015, the legislature found that pursuant to Hawaii's constitution, statutes, and case law, the State recognizes a mandate to protect native Hawaiian and Hawaiian traditional and customary rights.  Accordingly, Act 169 amended chapter 10, Hawaii Revised Statutes, to require the office of Hawaiian affairs to establish, design, and administer a training course on native Hawaiian and Hawaiian rights, the sources of these rights, and how infringement of these rights affects the native Hawaiian and Hawaiian people.  Act 169 required members of certain state councils, boards, and commissions to take the training course, and allowed other state and county officers, representatives, and employees to enroll in the training course.

The legislature further finds that the training course required by Act 169 has been well-attended and well-received since its implementation.  Attendees report that the course gave them a better understanding of the State's legal responsibilities to native Hawaiians, Hawaii's political history, the public land trust, native Hawaiian traditional and customary rights, Hawaii's water laws, laws relating to native Hawaiian burials, and attendees' kuleana as decision-makers, lawmakers, and government staff.  Furthermore, policy-makers and community members continue to request similar trainings.  Special trainings were also provided to the governor and his cabinet and the board of regents of the university of Hawaii upon request.  In light of the training program's success, it is important to extend its benefits as widely as possible to those whose kuleana requires an understanding of native Hawaiian rights.

The purpose of this Act is to require certain government decision-makers at both the state and county levels to attend a training course on native Hawaiian and Hawaiian rights.

SECTION 2.  Chapter 10, Hawaii Revised Statutes, is amended by amended the title of part III to read as follows:

"[[]PART III.[]]  TRAINING; CERTAIN BOARDS, COMMISSIONS, [AND] COUNCILS[;], AND PUBLIC OFFICIALS; NATIVE HAWAIIAN AND HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS, NATURAL RESOURCE PROTECTION AND ACCESS RIGHTS, AND THE PUBLIC TRUST"

     SECTION 3.  Section 10-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The training required by this part shall apply to the following:

     (1)  The members of the land use commission, board of land and natural resources, commission on water resource management, environmental council, board of directors of the agribusiness development corporation, board of agriculture, legacy land conservation commission, natural area reserves system commission, Hawaii historic places review board, and board of health[.];

     (2)  The director, deputy, and division heads of the department of land and natural resources;

     (3)  The director, deputy director of administration, deputy director of airports, deputy director of harbors, and deputy director of highways of the department of transportation;

     (4)  The director, deputy director of administration, deputy director of health, deputy director of environmental health administration, and environmental management division chief of the department of health;

     (5)  State legislators;

     (6)  Judges;

     (7)  The director and deputy directors of the county planning departments;

     (8)  The members of the county councils and the county planning commissions;

     (9)  City and county managing directors; and

    (10)  State directors, deputy directors, and division heads of state departments not listed in section 10-41(a)(1) through (4)."

     SECTION 4.  Section 10-42, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§10-42[]]  Training relating to native Hawaiian and Hawaiian traditional and customary rights, natural resources and access rights, and the public trust.  (a)  All council, board, and commission members identified in section [10-41(a)] 10-41(a)(1) shall complete the training course administered by the office of Hawaiian affairs pursuant to this section within twelve months of the date of the member's initial appointment.  All persons identified in sections 10-41(a)(2) through (7) shall complete the training course within twelve months of the date of hire, initial appointment, or initial taking of elected office, as applicable; provided that all non-appointed persons identified in sections 10-41(a)(2) through (7) who were already serving in their positions at the time of enactment of this section shall complete the training course within twelve months of the date of enactment of this section.

     (b)  The office of Hawaiian affairs, at its own expense, shall establish, design, and administer a training course relating to native Hawaiian and Hawaiian traditional and customary rights, native Hawaiian and Hawaiian natural resource protection and access rights, and the public trust, including the State's trust responsibility.  The training course shall include:

     (1)  Historical information, explanations, and discussions of key state laws, state constitutional provisions, and court rulings that reaffirm and provide for the protection of native Hawaiian and Hawaiian rights; and

     (2)  A discussion of the importance of public trust resources and various programs to native Hawaiian and Hawaiian rights.

     (c)  The office of Hawaiian affairs, at its own expense, shall develop the methods and prepare any materials necessary to implement the training course, administer the training course, and notify each [council, board, and commission] person identified in section 10-41(a) that attendance in a training course is mandatory.  The office of Hawaiian affairs shall provide teleconferencing resources where it is appropriate.

     (d)  The office of Hawaiian affairs shall offer the training course at least twice per year.

     (e)  The governor shall provide to the office of Hawaiian affairs the names of persons required to take the training course pursuant to sections 10-41(a)(1) through (6) and a(10) of this part within thirty calendar days of their initial appointment [by the governor.] or hire, provided that the names of persons identified in sections 10-41(a)(2) through (6) who were already serving in their positions at the time of enactment of this section shall be provided within thirty days of the date of enactment of this section.  The county mayors shall provide to the office of Hawaiian affairs the names of persons within their respective counties who are required to take the training course pursuant to sections 10-41(a)(7), (8), and (9) of this part within thirty calendar days of their initial appointment, election, or hire; provided that the names of non-appointed persons identified in section 10-41(a)(7) who were already serving in their positions at the time of enactment of this section shall be provided within thirty days of the date of enactment of this section."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

Report Title:

OHA Package; Cultural Training; State and County Officials

 

Description:

Requires certain additional government decision-makers at the state and county levels to attend OHA training courses on Native Hawaiian and Hawaiian rights.  (SB2134 HD1)

 

 

 

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