STAND. COM. REP. NO. 465

Honolulu, Hawaii

RE:    S.B. No. 351

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Hawaiian Affairs and Water and Land, to which was referred S.B. No. 351 entitled:

"A BILL FOR AN ACT RELATING TO THE AHA MOKU ADVISORY COMMITTEE,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Amend the various provisions affecting the Aha Moku Advisory Committee; and

     (2)  Appropriate funds to support the mission of the Aha Moku Advisory Committee.

     Your Committees received testimony in support of this measure from the Aha Moku Advisory Committee; Aha Moku System on Manokalanipo, the Island of Kauai; Ke One O Kakuhihewa; Democratic Party of Hawaii Hawaiian Affairs Caucus; and numerous individuals.  Your Committees received testimony in opposition to this measure from one individual.  Your Committees received comments on this measure from the Department of Land and Natural Resources.

     Your Committees finds that the Aha Moku Advisory Committee is established under section 171-4.5, Hawaii Revised Statutes, to advise the Chairperson of the Board of Land and Natural Resources on Native Hawaiian natural resource management.  The legislative intent in authorizing the Aha Moku Advisory Committee included providing an opportunity for Hawaiians to work together to exhibit that traditional Hawaiian values and customs could be applicable to modern governmental affairs.

     Your Committees further find that the betterment of the Native Hawaiians is apt to change with time as circumstances change, which necessitates statutory amendments.

     Your Committees have amended this measure by:

     (1)  Deleting amendments to section 171-4.5(b) and (c), Hawaii Revised Statutes, referencing oversight of the Aha Moku Advisory Committee, as well as native Hawaiian protocol expenses incurred while participating in meetings and events;

     (2)  Inserting language to require the Department of Land and Natural Resources to:

         (A)  Include the expenses for conducting meetings and other related functions of the State Aha Moku System and Aha Moku Advisory Committee, including the salaries of the Executive Director and Administrative Assistant, in the Department's budget; and

         (B)  Provide administrative support to the Aha Moku Advisory Committee;

     (3)  Inserting language to allow the special land and development fund to be used for any expenses incurred by the Aha Moku Advisory Committee;

     (4)  Amending the appropriation for the Aha Moku Advisory Committee by:

         (A)  Increasing the amount to $350,000 and the purpose of the appropriation for expenses of the Aha Moku Advisory Committee; and

         (B)  Providing that $100,000 of the appropriation shall be divided proportionately as determined by the Aha Moku Advisory Committee, among the eight areas represented by the Aha Moku Advisory Committee members, and be used to pay for the annual Puwalu event; and

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

     As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 351, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 351, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs and Water and Land,

________________________________ KARL RHOADS, Chair

________________________________ MAILE S.L. SHIMABUKURO, Chair