Bill Text: HI SB981 | 2011 | Regular Session | Amended
Bill Title: Office of Hawaiian Affairs; Customary Rights; Training
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-03-24 - (H) Report adopted; referred to the committee(s) on FIN with none voting no and Har, Riviere, Wooley excused. [SB981 Detail]
Download: Hawaii-2011-SB981-Amended.html
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THE SENATE |
S.B. NO. |
981 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds 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.
Certain state councils, boards, and commissions administer public trust resources and programs that directly impact native Hawaiian and Hawaiian traditional and customary rights, natural resource protection and access rights, and the public trust. As entities of the State, these councils, boards, and commissions have a duty to protect and preserve these rights, and a fiduciary duty to administer the public trust in the interest of the beneficiaries, including native Hawaiians and Hawaiians. The legislature finds that newly appointed members of these state councils, boards, and commissions represent a broad range of expertise and experience and therefore may not possess, upon their appointment, knowledge of native Hawaiian and Hawaiian rights and the public trust that would enable them to execute their roles and be fully informed of their responsibilities.
Chapter 10, Hawaii Revised Statutes, indicates that the office of Hawaiian affairs is the principal public agency responsible for ensuring that other state agencies protect native Hawaiian and Hawaiian rights. Section 10-1(b), Hawaii Revised Statutes, specifies that:
"It shall be the duty and responsibility of all state departments and instrumentalities of state government providing services and programs which affect native Hawaiians and Hawaiians to actively work toward the goals of this chapter and to cooperate with and assist wherever possible the office of Hawaiian affairs."
Section 10-3, Hawaii Revised Statutes, states that the purposes of the office of Hawaiian affairs include:
"Serving as the principal public agency in this State responsible for the performance, development, and coordination of programs and activities relating to native Hawaiians and Hawaiians; except that the Hawaiian Homes Commission Act, 1920, as amended, shall be administered by the Hawaiian homes commission . . . "; and
"Assessing the policies and practices of other agencies impacting on native Hawaiians and Hawaiians, and conducting advocacy efforts for native Hawaiians and Hawaiians. . ."
Therefore, the legislature finds that to prepare these state appointees to fulfill their roles and responsibilities, fully informed of their duties and obligations, these state appointees should be provided with training.
The legislature further finds that the office of Hawaiian affairs is the appropriate agency to train and educate the members of appropriate councils, boards, and commissions about native Hawaiian and Hawaiian traditional and customary rights, natural resource protection and access rights, and the public trust.
The purpose of this Act is to require members of appropriate state councils, boards, and commissions to undergo training conducted by the office of Hawaiian affairs on native Hawaiian and Hawaiian rights, the source of these rights, and how infringement of these rights impacts the native Hawaiian and Hawaiian people.
SECTION 2. Chapter 10, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . REQUIRED TRAINING RELATING TO NATIVE HAWAIIAN
AND HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS,
NATIVE HAWAIIAN AND HAWAIIAN NATURAL RESOURCE PROTECTION
AND ACCESS RIGHTS, AND THE STATE'S OBLIGATIONS
UNDER THE PUBLIC TRUST
§10-A Applicability of part. This part shall apply to 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. This part shall not apply to any other officer, representative, or employee of the State.
§10-B Mandatory training relating to native Hawaiian and Hawaiian traditional and customary rights, natural resource protection and access rights, and the public trust, including the State's trust responsibility. (a) All council, board, and commission members enumerated in section 10-A shall complete a training course relating to native Hawaiian and Hawaiian rights administered by the office of Hawaiian affairs within six months of their official appointment date, as provided in this part.
(b) The office of Hawaiian affairs shall establish, design, and facilitate 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, that shall be designed specifically for the council, board, and commission members enumerated in section 10-A.
(c) 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.
(d) The office of Hawaiian affairs shall:
(1) Develop the methods and prepare any materials necessary to implement the training course;
(2) Administer the training course; and
(3) Notify each council, board, and commission member enumerated in section 10-A that attendance in the training course is mandatory.
(e) The training course shall be conducted at least twice per calendar year.
(f) The office of Hawaiian affairs may repeat the training course as necessary to accommodate all persons who are required to attend.
(g) Each council, board, and commission chairperson shall provide to the office of Hawaiian affairs, within thirty calendar days upon their official appointment dates, the names of those persons required to take the training course."
SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Office of Hawaiian Affairs; Customary Rights; Training
Description:
Requires certain council, board, and commission members to take a training course offered by the Office of Hawaiian Affairs relating to native Hawaiian traditional and customary rights, natural resource protection and access rights, and the public trust. Effective upon approval. (SB981 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
