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HB144
HOUSE OF REPRESENTATIVES
H.B. NO.
144
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO MAUNA KEA
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that, in recent
years, Mauna Kea has symbolized a rigid dichotomy between culture and science, often
leading to polarization between Mauna Kea stakeholders.
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Many people perceived that Mauna Kea was
being managed without sufficient and genuine consultation with the Native
Hawaiian community, which had the cumulative effect of degrading trust between
the community and those responsible for managing Mauna Kea.
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To
overcome this dichotomy and facilitate a more harmonious coexistence of
activities atop Mauna Kea in a culturally sensitive manner, the legislature
enacted Act 255, Session Laws of Hawaii 2022 (Act 255), which established the
Mauna Kea stewardship and oversight authority.
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The major reforms offered by Act 255 were intended to be a step toward
restoring trust and balance in the stewardship of Mauna Kea.
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The
legislature recognizes that the Mauna Kea stewardship and oversight authority
has been asked to help a very diverse group of stakeholders overcome decades of
distrust to find solutions to very difficult and complex issues.
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The legislature
believes that to promote trust and engagement between these stakeholders, the
stakeholders must be able to have frank and open discussions to reach an
understanding.
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The task of crafting
reconciliation will likely require countless hours of open discussion and
education.
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The legislature further recognizes that it
may be difficult for authority members to conduct these activities within the
inflexible confines of the State's public agency meeting laws.
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The legislature also recognizes that the
authority has a limited amount of time to resolve the issues before it:
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Section 195H-6, Hawaii Revised Statutes,
provides for a transition period of five years, during which the authority must
develop detailed management and financial plans, establish a framework for
astronomy-related development, adopt administrative rules, and prepare to
assume full management of Mauna Kea.
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Accordingly,
the legislature believes that the authority should be granted some flexibility during
the transition period to conduct meetings without strictly complying with
chapter 92, Hawaii Revised Statutes.
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This flexibility should be narrowly tailored to allow authority members
to discuss challenging issues in a culturally sensitive manner.
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Public transparency and accountability must
be maintained by prohibiting the authority from taking any decision-making
actions at these types of meetings.
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The
legislature further finds that the creation of the Mauna Kea stewardship and
oversight authority was meant to be a pivot point in the history of Mauna Kea,
rather than a final resolution.
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Section
195H-1, Hawaii Revised Statutes, expressly recognizes that additional
amendments relating to the Mauna Kea stewardship and oversight authority would
be necessary to address principles and details surrounding Mauna Kea that had
not yet been ascertained when Act 255 became law.
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Accordingly,
this Act makes certain amendments relating to the Mauna Kea stewardship and
oversight authority, as contemplated under section 195H-1, Hawaii Revised
Statutes, to ensure that a mutually beneficial balance is maintained for Mauna
Kea and the people of Hawaii.
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Specifically,
the purpose of this Act is to authorize two or more members of the Mauna Kea
stewardship and oversight authority, including a number of members that would
constitute a quorum, to meet during the transition period; provided that:
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(1)
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No commitment to vote is made or sought; and
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(2)
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Decision-making, if any, occurs only at a duly
noticed meeting of the authority.
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SECTION 2.
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Chapter 195H, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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�195H-
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Transition period; authority meetings;
permitted interactions; restrictions.
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(a)
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Notwithstanding section
92-2.5(b) or any other law to the contrary, two or more members of the
authority, including a number of members that would constitute a quorum of the
authority, may meet during the transition period described in section 195H-6
regarding any matter relating to the authority's business; provided that:
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(1)
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No
commitment to vote shall be made or sought; and
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(2)
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Decision-making,
if any, shall occur at a duly noticed meeting of the authority held pursuant to
chapter 92.
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(b)
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An interaction of authority members described
in subsection (a) shall not constitute a meeting for the purposes of part I of
chapter 92.
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SECTION
3.
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New statutory material is
underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
Mauna Kea
Stewardship and Oversight Authority; Meetings; Sunshine Law; Exemption
Description:
Authorizes
2 or more members of the Mauna Kea Stewardship and Oversight Authority to meet
during its transition period regarding any matter relating to the Authority's
business; provided that no commitment to vote is made or sought and no
decision-making action is taken.
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not legislation or evidence of legislative intent.