STAND. COM. REP. NO. 437

Honolulu, Hawaii

RE: S.B. No. 712

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Water and Land and Hawaiian Affairs, to which was referred S.B. No. 712 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 require that the Executive Director of the Aha Moku Advisory Committee be appointed by the Governor and subject to the advice and consent of the Senate, with a term limit of four years.

Your Committees received testimony in support of this measure from one individual. Your Committees received testimony in opposition to this measure from the Aha Moku Advisory Committee, Ko‘olaupoko Hawaiian Civic Club, and thirteen individuals. Your Committees received comments on this measure from one individual.

Your Committees find that the Senate's role in the advice and consent of certain governor-appointed positions is rooted in the concept of "checks and balances" between the three constitutionally established branches of government. Your Committees note that they cannot identify any employee who serves a board or commission as its executive director and is subject to the advice and consent of the Senate. Your Committees further find that the purpose of the Aha Moku Advisory Committee is to advise the Chairperson of the Board of Land and Natural Resources regarding the aha moku system, on issues related to land and natural resources.

Your Committees have amended this measure by:

(1) Inserting an effective date of January 1, 2025, to encourage further discussion; and

(2) 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 Water and Land and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 712, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 712, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________ MAILE S.L. SHIMABUKURO, Chair

________________________________ LORRAINE R. INOUYE, Chair