THE SENATE

S.B. NO.

691

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the kahoolawe island reserve commission.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that in 1976, a brave group of native Hawaiians across the Pae Āina came together to raise awareness about the natural and cultural resources of the island of Kahoolawe. This movement would significantly impact the revival of Hawaiian culture and political activity across Hawaii and directly influence a wide range of benefits that native Hawaiians have obtained, including influence of the Office of Hawaiian Affairs.

The legislature finds that since its return to the State in 1993, the resources and waters of Kahoolawe have been held in trust as part of the public land trust; provided that the State shall transfer management and control of the island and its waters to the sovereign native Hawaiian entity upon its recognition by the United States and the State of Hawaii.

The legislature finds that the Kahoolawe island reserve commission was established under Chapter 6K, Hawaii Revised Statutes, for the following purposes:

(1) Preservation and practice of all rights customarily and traditionally exercised by native Hawaiians for cultural, spiritual, and subsistence purposes;

(2) Preservation and protection of its archaeological, historical, and environmental resources;

(3) Rehabilitation, revegetation, habitat restoration, and preservation; and

(4) Education.

The Kahoolawe island reserve commission is placed administratively under the department of land and natural resources for fiscal and personnel support functions.

The purpose of this Act is to transfer the administrative operations of the Kahoolawe island reserve commission from the department of land and natural resources to the Office of Hawaiian Affairs.

SECTION 2. Section 6K-1, Hawaii Revised Statutes, is amended to read as follows:

"[[]6K-1[]] Administration of chapter. The Kahoolawe island reserve commission and the [department of land and natural resources] Office of Hawaiian Affairs shall administer this chapter."

SECTION 3. Section 6K-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Office" means the Office of Hawaiian Affairs."

SECTION 4. Section 6K-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the Kahoolawe island reserve commission to be placed [within] under the [department of land and natural resources] Office of Hawaiian Affairs for administrative purposes as provided in section 26-35. The commission shall consist of seven members to be appointed in the manner and to serve for the terms provided in section 26-34; provided that:

(1) One member shall be a member of the Protect Kahoolawe Ohana;

(2) Two members shall be appointed by the governor from a list provided by the Protect Kahoolawe Ohana;

(3) One member shall be a trustee or representative of the [office] Office of Hawaiian [affairs;] Affairs;

(4) One member shall be a county official appointed by the governor from a list provided by the mayor of the county of Maui;

(5) One member shall be the chairperson of the board of land and natural resources; and

(6) One member shall be appointed by the governor from a list provided by native Hawaiian organizations."

SECTION 5. Section 6K-8.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]6K-8.6[]] Administrative violation system. With the mutual consent of [both] the commission, the office, and the department[,] of land and natural resources, the commission may use the civil natural resource violations system of the department of land and natural resources; provided that the commission shall act whenever the board of land and natural resources is authorized to act, to process violations of chapter 6K or any rules adopted thereunder."

SECTION 6. Section 10-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The general duties of the board shall be:

(1) To develop and continually update a strategic plan for the office that shall include, but not be limited to, the following:

(A) Compilation of basic demographic data on native Hawaiians and Hawaiians;

(B) Identification of the physical, sociological, psychological, and economic needs of native Hawaiians and Hawaiians;

(C) Establishment of long-range goals for the office's programs and services for native Hawaiians and Hawaiians;

(D) Establishment of priorities and alternatives for the office's program and service implementation; and

(E) Organization of the office's administrative and program structure, including the use of facilities and personnel;

(2) To assist in the development of state and county agency plans for native Hawaiian and Hawaiian programs and services;

(3) To maintain an inventory of federal, state, county, and private programs and services for Hawaiians and native Hawaiians and act as a clearinghouse and referral agency;

(4) To advise and inform federal, state, and county officials about native Hawaiian and Hawaiian programs, and coordinate federal, state, and county activities relating to native Hawaiians and Hawaiians;

(5) To conduct, encourage, and maintain research relating to native Hawaiians and Hawaiians;

(6) To develop and review models for comprehensive native Hawaiian and Hawaiian programs;

(7) To act as a clearinghouse for applications for federal or state assistance to carry out native Hawaiian or Hawaiian programs or projects;

(8) To apply for, accept and administer any federal funds made available or allotted under any federal act for native Hawaiians or Hawaiians; [and]

(9) To promote and assist the establishment of agencies to serve native Hawaiians and Hawaiians[.]; and

(10) To administer, together with the Kahoolawe island reserve commission, chapter 6K and have and exercise all the rights, powers, and duties of the department of land and natural resources for the Kahoolawe island reserve prior to transfer of the department's administrative duties to the office pursuant to Act      , Session Laws of Hawaii 2021."

SECTION 7. Section 6K-2, Hawaii Revised Statutes, is amended by deleting the definition of "department".

[""Department" means the department of land and natural resources."]

SECTION 8. Sections 6K‑4, 6K‑6, 6K‑8.5, and 6K‑9.5, Hawaii Revised Statutes, are amended by substituting the word "office" wherever the word "department" appears, as the context requires.

SECTION 9. All rights, powers, functions, and duties of the department of land and natural resources relating to the administration of chapter 6K, Hawaii Revised Statutes, except section 6K-8.6, Hawaii Revised Statutes, are transferred to the Office of Hawaiian Affairs.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 10. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources relating to the functions transferred to the Office of Hawaiian Affairs shall be transferred with the functions to which they relate.

SECTION 11. The balance of all moneys in the Kahoolawe rehabilitation trust fund shall be transferred from the administration by the department of land and natural resources to the Office of Hawaiian Affairs on July 1, 2021.

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Kahoolawe Island Reserve; Office of Hawaiian Affairs

 

Description:

Transfers administrative duties of the department of land and natural resources for the Kahoolawe Island Reserve Commission to the Office of Hawaiian Affairs.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.