STAND. COM. REP. NO. 2615

Honolulu, Hawaii

RE: S.B. No. 2192

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Hawaiian Affairs and Water and Land, to which was referred S.B. No. 2192 entitled:

"A BILL FOR AN ACT RELATING TO HAWAIIAN EXPERTISE IN LAND USE AND RESOURCE MANAGEMENT,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Prohibit council, board, and commission members from serving if the member has not completed, within the requisite time, the required training course related 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; and

(2) Require that at least four members of the Board of Land and Natural Resources and of the State Land Use Commission be appointed from a list submitted by the Office of Hawaiian Affairs.

Your Committees received testimony in support of this measure from the Office of Hawaiian Affairs; Democratic Party of Hawaii, Hawaiian Affairs Caucus; and nineteen individuals. Your Committees received testimony in opposition to this measure from the Center for Hawaiian Sovereignty Studies.

Your Committees find that 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 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 Hawaiian rights, the sources of these rights, and how the infringement of these rights affects the Hawaiian people, and further required new members of certain state councils, boards, and commissions to complete the training course within one year of their appointment.

Unfortunately, despite the regular provision of notice to board and commission administrators, a significant number of board and commission members subject to the mandatory training course continue to fail to comply with their training course completion responsibility. As a result, critical land use and resource management decision-making may continue to be less than fully informed on native Hawaiian concepts, practices, and rights. This measure places requirements on the completion of the training course, which will ensure greater recognition and incorporation of native Hawaiian knowledge, values, and rights in land use and resource management decision-making.

Your Committees have amended this measure by 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. 2192, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2192, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________ KAIALI'I KAHELE, Chair

________________________________ MAILE S.L. SHIMABUKURO, Chair