SB2447

SECTION 1. The legislature finds that Native Hawaiians, as the only indigenous people of Hawaii, face great health and economic inequity in the State. Stemming from historical injustices, these enduring disparities constitute complex and interconnected structures that have and continue to lead to the dispossession of ancestral lands and the forceful disconnection of Native Hawaiians from their traditional and customary cultural practices.

Recognizing the negative impact on the health and well-being of Native Hawaiians over the course of long-term economic and social changes in Hawaii, the State, as a condition of its admission into the United States, was entrusted with the continuous pursuit of the betterment of conditions of Native Hawaiians with a portion of the income and proceeds of the public land trust being dedicated for this purpose.

Accordingly, in an endeavor to uphold its trust responsibilities to Native Hawaiians, the office of Hawaiian affairs was established as the principal public agency in the State responsible for the performance, development, and coordination of programs and activities relating to Native Hawaiians with the purpose to continuously pursue the betterment of conditions of Native Hawaiians. The office of Hawaiian affairs was further entrusted with the authority to manage and administer a portion of the proceeds and income of the public land trust to carry out its constitutional and statutory obligations on behalf of the State.

The legislature further finds that Act 226, Session Laws of Hawaii 2022, recognized the need to enact legislation that upholds the State's trust responsibilities and duty of care to Native Hawaiians, in part, by assuring the full transfer of the office of Hawaiian affair's annual pro rata share of income and proceeds from the public land trust. Despite this endeavor, Native Hawaiians continue to face ongoing systemic and structural challenges.

Additionally, Act 90, Session Laws of Hawaii 2003 (Act 90), enacted section 166E, Hawaii Revised Statutes, to ensure the long-term productive use of public lands leased or available to be leased by the department of land and natural resources for agricultural purposes by allowing these lands to be transferred to and managed by the department of agriculture. Act 90, however, created an unintended obstacle between agencies to ensure optimal safeguards for the protection of Native Hawaiian natural-cultural resources, Native Hawaiian identity, and Native Hawaiian rights. Act 90 additionally placed an extra burden on the interests of the office of Hawaiian affairs by potentially narrowing the focus of income-generating activities in relation to its pro rata share of the proceeds and income from the public land trust.

The legislature finds that to uphold its constitutional trust obligation and duty to Native Hawaiians in connection with the agricultural interests of the State, the collective interests and aspirations of Native Hawaiians must be effectively represented on the board of agriculture. The office of Hawaiian affairs, as the principal agency of the State advocating for the betterment of conditions of Native Hawaiians, is the most appropriate public agency to provide this effective representation.

The office of Hawaiian affairs has dedicated over $5,838,274 in agriculturally related grants and $218,510 in agricultural loans within the last decade, and with a newly established Mahi ʻAi Business Loans program. The office of Hawaiian affairs also manages a substantial and ever-increasing portfolio of legacy lands that are agriculturally zoned.

Accordingly, the office of Hawaiian affairs could provide crucial input concerning the impact, involvement, and aspirations of Native Hawaiians in the food systems and agricultural economy of the State, including the benefit of culturally appropriate foods in the betterment of Native Hawaiian health and well-being.

The purpose of this Act is to address Native Hawaiian health and economic inequities by uplifting the voices of Native Hawaiians in the decision-making processes of the State through effective representation by the office of Hawaiian affairs on the board of a agriculture.

SECTION 2. Section 26-16, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of agriculture shall be headed by an executive board to be known as the board of agriculture. The board shall consist of [~~ten~~] eleven members:

(1) One who shall be a resident of the county of Hawaii;

(2) One who shall be a resident of the county of Maui;

(3) One who shall be a resident of the county of Kauai;

(4) Four at large; and

(5) The chairperson of the board of land and natural resources; the director of business, economic development, and tourism; the chairperson of the board of trustees of the office of Hawaiian affairs; and the dean of the University of Hawaii college of tropical agriculture and human resources, or their designated representatives, who shall serve as ex officio[,] voting members.

The majority of the members of the board shall be from the agricultural community or the agricultural support sector. The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34. The governor shall appoint a chairperson of the board from the members."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2447
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII