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HB2047
HOUSE OF REPRESENTATIVES
H.B. NO.
2047
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to the aha moku advisory committee
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
The legislature finds that the aha moku
advisory committee was established to bring together traditional Hawaiian
knowledge and modern natural resource management practices based on the
traditional aha kiole.
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The legislature further finds that
section 171-4.5, Hawaii Revised Statutes, which establishes the aha moku
advisory committee, has not been updated since its adoption in 2012.
�
Revisions to the statute are required to set
and clarify accountability and transparency standards to optimize the benefit
of the aha moku program to the Native Hawaiian community, while ensuring
alignment with natural resource management priorities and the original intent
and purpose of the establishment of the aha moku advisory committee within the
state government.
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The legislature also finds that the
aha moku advisory committee has not consistently fulfilled requirements established
by statute or administrative rules, including annual reporting and compliance
with open meeting laws.
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The purpose of this Act is to:
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(1)
�
Establish clear
procedures for the recruitment, appointment, evaluation, and removal of the executive
director of the aha moku advisory committee;
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(2)
�
Clarify that the
chairperson of the board of land and natural resources shall exercise
appointment, oversight, and administrative authority over the executive director
of the aha moku advisory committee; and
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(3)
�
Strengthen and
reinforce reporting and meeting requirements applicable to the aha moku
advisory committee.
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SECTION 2.
�
Chapter 171, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately designated and to
read as follows:
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"
�171-
�
Aha
moku advisory committee; executive director.
(a)
�
The chairperson may appoint an executive
director for the aha moku advisory committee who shall be exempt from chapter
76.
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The chairperson shall be
responsible for the management, supervision, and oversight of the
executive director, shall evaluate
the performance of the executive director, and shall ensure the executive
director carries out the statutory responsibilities of the position.
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(b)
�
To be eligible for the position of executive director of the aha moku
advisory committee, an applicant for the position shall possess the following
minimum qualifications:
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(1)
�
Demonstrate
knowledge of Native Hawaiian traditional and customary practices related to
natural resource management, including familiarity with the aha moku system or
comparable place-based management frameworks;
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(2)
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Demonstrate
experience working with Native Hawaiian communities, cultural practitioners, or
community-based natural resource management organizations;
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(3)
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Have experience
in program administration, organizational leadership, or project management;
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(4)
�
Be able to work
collaboratively with state agencies, boards, commissions, and community
stakeholders;
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(5)
�
Demonstrate
understanding of environmental laws, policies, and governance systems or the
ability to acquire such understanding within a reasonable period following
appointment;
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(6)
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Demonstrate
understanding of Hawaii's open meeting laws; and
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(7)
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Hold any
additional qualifications established by the department that are consistent
with the duties of the aha moku advisory committee.
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(c)
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The executive director of the aha moku
advisory committee shall serve a term of four years and may be reappointed by
the chairperson to one or more subsequent terms.
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(d)
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The executive director of the aha moku
advisory committee may hire an administrative or executive assistant to assist
the executive director in accomplishing the duties of the committee.
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(e)
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The chairperson shall conduct an annual
performance review of the executive director of the aha moku advisory committee
and prior to any term of reappointment of the executive director.
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The performance review shall include:
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(1)
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An evaluation
of the executive director's performance in carrying out statutory duties and
program goals;
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(2)
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Consideration
of input from the aha moku councils of each island, relevant state agencies,
and the public; and
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(3)
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A summary of
accomplishments, challenges, and future priorities.
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(f)
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At the end of each four-year term, the
chairperson may:
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(1)
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Reappoint the
executive director of the aha moku advisory committee, subject to completion of
a satisfactory performance review required under subsection (e); or
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(2)
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Appoint a new
executive director from among the qualified applicants of the open recruitment
process conducted pursuant to subsection (h);
provided that the board shall confirm the
executive director.
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(g)
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The chairperson may remove the executive
director of the aha moku advisory committee for cause; provided that the board
shall be notified in writing within ten days of the removal.
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(h)
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In the event of a vacancy or expected vacancy
in the office of executive director of the aha moku advisory committee, the
department shall conduct an open recruitment process to fill the vacancy.
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The open recruitment process shall include,
at minimum:
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(1)
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Public notice
of the vacancy or expected vacancy;
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(2)
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A description
of the duties and minimum qualifications of the position and the term of
appointment; and
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(3)
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A reasonable
application period.
"
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SECTION
3
.
�
Section
171-4.5, Hawaii Revised Statutes, is amended to read as follows:
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"
[
[
]�171-4.5[
]
]
�
Aha moku advisory committee; established.
�
(a)
�
There is established the aha
moku advisory committee to be placed within the department [
of land and
natural resources
] for administrative purposes.
�
The committee may advise the chairperson [
of
the board of land and natural resources
] in carrying out the purposes of
this section.
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(b)
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The committee shall consist of eight members appointed by the governor
and confirmed by the senate from a list of nominations submitted by the aha
moku councils of each island.
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Oversight
of the aha moku advisory committee shall be by the chairperson [
of the board
of land and natural resources
].
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The
committee members shall select the committee chairperson from among the
members.
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(c)
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The members shall not receive compensation for their service, but shall
be reimbursed for necessary expenses, including travel expenses, incurred while
participating in meetings and events approved in advance by the chairperson [
of
the board of land and natural resources
].
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[
The aha moku advisory committee may
hire an executive director who shall be exempt from chapter 76.
�
The executive director may hire an
administrative or executive assistant to assist the executive director in
accomplishing the purposes of the aha moku advisory committee.
]
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(d)
�
The
aha moku advisory committee may provide advice on the following:
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(1)
�
Integrating
indigenous resource management practices with western management practices in
each moku;
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(2)
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Identifying a
comprehensive set of indigenous practices for natural resource management;
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(3)
�
Fostering the
understanding and practical use of native Hawaiian resource knowledge,
methodology, and expertise;
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(4)
�
Sustaining the
State's marine, land, cultural, agricultural, and natural resources;
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(5)
�
Providing
community education and fostering cultural awareness on the benefits of the aha
moku system;
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(6)
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Fostering
protection and conservation of the State's natural resources; and
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(7)
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Developing an
administrative structure that oversees the aha moku system.
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(e)
�
Any formal position, recommendation, or advisory action of the committee
shall be adopted at a duly noticed public meeting at which a quorum is present.
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[
(e)
]
(f)
�
The committee shall submit an annual report in
English and Hawaiian to the
governor,
legislature
,
and [
the
]
chairperson [
of the board of land and natural resources
] no later than
twenty days prior to the convening of each regular legislative session.
�
The annual report shall include [
a
]
:
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(1)
�
The activities
of the committee;
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(2)
�
A copy, or an
electronic link to the electronic copy, of all testimonies submitted, the agenda,
and minutes for each committee meeting;
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(3)
�
Issues
considered by the committee and positions taken by each committee member;
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(4)
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A summary of
each committee member's activities, including how the public was informed and
engaged by the member, and the issues that were brought forward or addressed
through the aha moku process;
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(5)
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Itemized
expenditures; and
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(6)
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A
list of
all recommendations made by the committee and the resulting action taken by the
department over the course of the prior year."
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SECTION 4.
�
(a)
�
Notwithstanding any law to the contrary, in order to be eligible for
reappointment as the executive director of the aha moku advisory committee, the
executive director serving as of the effective date of this Act shall, within
twelve months of the effective date of this Act:
����
(1)
�
Submit a written
application through the open recruitment process established pursuant to
section 171- , Hawaii Revised Statutes;
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(2)
�
Satisfy the
minimum qualifications established under section 171- , Hawaii
Revised Statutes, for the position; and
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(3)
�
Receive a
satisfactory performance review from the chairperson of the board of land and
natural resources under section 171- , Hawaii Revised
Statutes.
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(b)
�
The executive director of the aha moku advisory committee serving as of
the effective date of this Act may continue to serve during the interim between
the effective date of this Act and either the reappointment of the executive
director or appointment of a new executive director, unless sooner removed by
the chairperson of the board of land and natural resources.
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(c)
�
The position of executive director of the aha moku advisory committee
shall be deemed vacant if the executive director serving as of the effective
date of this Act fails to meet the requirements of subsection (a).
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SECTION 5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 6.
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This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Aha Moku
Advisory Committee; Meetings; Reports; Executive Director; Appointment
Description:
Amends
the process for the hiring of the Executive Director of the Aha Moku Advisory
Committee.
�
Specifies that the
Chairperson of the Board of Land and Natural Resources is responsible for the
appointment, oversight, and administrative authority over the Executive
Director of the Aha Moku Advisory Committee.
�
Requires any formal position, recommendation, or advisory action of the
Aha Moku Advisory Committee to be adopted at a duly noticed public meeting at
which a quorum is present.
�
Amends the
reporting requirements of the Aha Moku Advisory Committee.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.