Hawaii-2018-HB1745-Amended

SECTION 1. 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 and 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 native Hawaiian and Hawaiian rights, the sources of these rights, and how infringement of these rights affects the native Hawaiian and Hawaiian people. Act 169 required members of certain state councils, boards, and commissions to take the training course, and allowed other state or county officers, representatives, or employees to request to enroll in the training course.

The training course required by Act 169 has been implemented and has been well-attended and well-received. Attendees report that the course gave them a better understanding of the State's legal responsibilities to native Hawaiians; Hawaii's political history; the public land trust; native Hawaiian traditional and customary rights; Hawaii's water laws and the public trust doctrine; laws relating to native Hawaiian burials; and attendees' kuleana as decision-makers, lawmakers, and government staff. Policymakers, staff, and community members continue to request similar training. Special training has also been provided upon request to the governor and the governor's cabinet and the board of regents of the University of Hawaii.

In light of the successful implementation of the training program and the importance of extending its benefits as widely as possible to those whose kuleana requires an understanding of native Hawaiian rights, the purpose of this Act is to require certain additional government decision-makers at both the state and county levels to attend the training established by Act 169.

In recognition of the State's policy for open governmental processes, in which the ultimate decision-making power is vested in the people, the training course described by this Act is not intended to constitute a meeting pursuant to chapter 92, Hawaii Revised Statutes; provided that board and commission members who attend the training course do not decide or deliberate toward a decision upon any matter over which their respective boards have supervision, control, jurisdiction, or advisory power. It is the intent of this Act to convene participating government officials for the purpose of training.

SECTION 2. Section 10-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The training required by this part shall apply to the following:

(1) The 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[.];

(2) The division heads of the department of land and natural resources;

(3) The director, deputy director of administration, deputy director of airports, deputy director of harbors, and deputy director of highways of the department of transportation;

(4) The director, deputy director of health, deputy director for administration, deputy director for environmental health administration, and environmental management division chief of the department of health;

(5) The heads of the county planning departments; and

(6) The members of the county councils and the county planning commissions."

SECTION 3. Section 10-42, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) All council, board, and commission members identified in section [~~10-41(a)~~] 10‑41(a)(1) 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. All persons identified in section 10-41(a)(2) through (6) shall complete the training course within twelve months of the date of hire, initial appointment, or initial taking of elected office, as applicable; provided that all non-appointed persons identified in section 10-41(a)(2) through (5) who were already serving in their positions on the effective date of this Act shall complete the training course within twelve months of the effective date of Act , Session Laws of Hawaii 2018."

2. By amending subsection (c) to read:

"(c) 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~~] person identified in section 10-41(a) that attendance in a training course is mandatory."

3. By amending subsection (e) to read:

"(e) The governor shall provide to the office of Hawaiian affairs the names of persons required to take the training course pursuant to [~~this part~~] section 10-41(a)(1) through (4) within thirty calendar days of their initial appointment [~~by the governor.~~] or hire; provided that the names of non-appointed persons identified in section 10-41(a)(2) through (4) who were already serving in their positions on the effective date of Act , Session Laws of Hawaii 2018, shall be provided within thirty days of the effective date of Act , Session Laws of Hawaii 2018. The county mayors shall provide to the office of Hawaiian affairs the names of persons within their respective counties who are required to take the training course pursuant to section 10-41(a)(5) through (6) within thirty calendar days of their initial appointment, election, or hire; provided that the names of non-appointed persons identified in section 10-41(a)(5) who were already serving in their positions on the effective date of Act , Session Laws of Hawaii 2018, shall be provided within thirty days of the effective date of Act , Session Laws of Hawaii 2018."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on December 24, 2088.

HOUSE OF REPRESENTATIVES	H.B. NO.	1745
TWENTY-NINTH LEGISLATURE, 2018		H.D. 1
STATE OF HAWAII