Bill Text: HI SB1409 | 2021 | Regular Session | Amended
Bill Title: Relating To Training In Native Hawaiian Rights.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Vetoed) 2021-07-06 - Vetoed on 07/06/2021 - Returned from the Governor without approval (Gov. Msg. No. 1302). [SB1409 Detail]
Download: Hawaii-2021-SB1409-Amended.html
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THE SENATE |
S.B. NO. |
1409 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO TRAINING IN NATIVE HAWAIIAN RIGHTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In Act 169, Session Laws of Hawaii 2015 (Act 169), 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 required 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 the infringement of these rights affects the native Hawaiian and Hawaiian people. In addition, Act 169 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 and Hawaiian concepts, practices, and rights.
These issues, in turn, have led and continue to lead to substantial
conflict, distrust in government decisions and processes, and even legal action
against the State, and
may further foreclose critical opportunities to ensure our islands' resiliency and self-sufficiency
through culturally-informed land use and resource management.
Accordingly, the legislature intends to ensure a deeper understanding among board and commission members of the State's legal responsibilities to native Hawaiians and Hawaiians, Hawaii's political history, the public land trust, native Hawaiian and Hawaiian traditional and customary rights, Hawaii's water laws and the public trust doctrine, and laws relating to native Hawaiian and Hawaiian burials. The legislature further intends to ensure greater recognition and incorporation of native Hawaiian and Hawaiian knowledge, values, and rights in land use and resource management decision-making.
The purpose of this Act is to:
(1) Prohibit newly appointed or reappointed council, board, and commission members who fail to meet their training course completion requirement from serving on a permitted interaction group or voting on matters before their respective councils, boards, or commissions;
(2) Require newly appointed or reappointed council, board, and commission members who fail to meet their training course completion requirement to be removed from their respective council, board, or commission, unless they complete the training requirement or are reconfirmed by the Senate before the completion of the regular legislative session that follows the deadline to complete their training requirement;
(3) Require the office of Hawaiian affairs and department of land and natural resources to compile an annual report of council, board, and commission members who have failed to complete their training course requirement, and to submit the report to the governor and legislature no later than twenty days prior to the convening of each regular legislative session; and
SECTION 2. 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) 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[.] or reappointment. All newly appointed or reappointed
members who fail to complete the training course within the
required time period shall be:
(1) Prohibited from
serving on a permitted interaction group or voting on a matter before their
respective council, board, or commission until the mandatory training course is
completed; and
(2) Removed from
their respective council, board, or commission at the end of the regular
legislative session following the deadline to complete the training course;
provided that members shall not be removed if they complete the mandatory
training course or obtain the advice and consent of the senate to continue
serving on their respective council, board, or commission by the end of the
regular legislative session following their deadline to complete the training
course.
(b) Individual votes taken by council, board, and
commission members who failed to complete the mandatory training course within the
required time period may be challenged and subject to being nullified and
voided following a
contested case proceeding.
(c) The office of Hawaiian affairs and department of land and natural resources shall prepare an annual report of all council, board, and commission members who failed to meet the training requirement in this section as of September 21 of each year, which shall be made available for public inspection at the office of Hawaiian affairs and department of land and natural resources, and submitted to the governor and legislature no later than twenty days prior to the convening of each regular session of the legislature.
[(b)]
(d) 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)]
(e) 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 identified in section
10-41(a) that [attendance in] completion of a training course is
mandatory.
[(d)]
(f) The office of Hawaiian
affairs shall offer the training course at least twice per year. The office of Hawaiian affairs shall record
the training courses and make the recordings available to those who were unable
to attend the training course.
[(e)]
(g) The governor shall provide to
the office of Hawaiian affairs the names of persons required to take the
training course pursuant to this part within thirty calendar days of their initial
appointment or reappointment by the governor."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3021.
Report Title:
DLNR; OHA; Council; Boards; Commissions; Members; Training
Description:
Prohibits newly appointed or reappointed 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 rights. Require OHA and DLNR to compile an annual report of members who have failed to complete their training course requirement. Require OHA to record the training courses and make the recordings available to those who were unable able to attend the training course. Effective 7/1/3021. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
