Honolulu, Hawaii



RE:    H.B. No. 207

       H.D. 2

       S.D. 2




Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii




     Your Committee on Ways and Means, to which was referred H.B. No. 207, H.D. 2, S.D. 1, entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to enhance public agency understanding regarding protections for native Hawaiian and Hawaiian traditional and customary rights.


     Specifically, this measure:

(1)  Requires the Office of Hawaiian Affairs to develop and administer a native Hawaiian and Hawaiian rights training course;


(2)  Requires members of various state councils, boards, and commissions to attend the training course; and


(3)  Allows other state or county officials and employees to request their enrollment in the training course.


     Your Committee received written comments in support of this measure from the Department of Land and Natural Resources, Office of Hawaiian Affairs, State Land Use Commission, Aha Moku Advisory Committee, Association of Hawaii Civic Clubs, Ka Huli Ao Center, Kuaaina Ulu Auamo, and four individuals.  Your Committee received written comments in opposition to this measure from the Land Use Research Foundation of Hawaii.  One individual submitted written comments on this measure.


     Your Committee finds that the decisions of individuals appointed to 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 can impact native Hawaiian and Hawaiian traditional and customary rights.  However, appointment to these various state councils, boards, or commissions does not require knowledge of native Hawaiian and Hawaiian rights.  This measure will help to ensure that appointed individuals will be educated and aware of native Hawaiian and Hawaiian traditional and customary rights so that their decisions will be consistent with the State's fiduciary obligations in these matters.


     Your Committee has amended this measure by changing the effective date to July 1, 2050, to facilitate further discussion on the measure.


     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 207, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 207, H.D. 2, S.D. 2.


Respectfully submitted on behalf of the members of the Committee on Ways and Means,