STAND. COM. REP. NO. 1896-26

Honolulu, Hawaii

, 2026

RE: H.C.R. No. 179

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.C.R. No. 179 entitled:

"HOUSE CONCURRENT RESOLUTION URGING THE ʻAHA MOKU ADVISORY COMMITTEE TO FOLLOW ITS ADOPTED RULES OF PRACTICE, FULFILL ITS STATUTORY DUTIES, INCLUDING COMPLYING WITH THE SUNSHINE LAW, CONDUCT A PERFORMANCE REVIEW OF ITS EXECUTIVE DIRECTOR, AND ESTABLISH POLICIES TO ASSURE CONSISTENT STANDARDS OF ADMINISTRATIVE AND MANAGERIAL ACCOUNTABILITY,"

begs leave to report as follows:

The purpose of this measure is to urge the ʻAha Moku Advisory Committee to follow its adopted rules of practice; fulfill its statutory duties, including complying with the Sunshine Law; conduct a performance review of its Executive Director; and establish policies to ensure consistent standards of administrative and managerial accountability; and requesting the office of the auditor to conduct a comprehensive performance and financial audit of the ʻAha Moku Advisory Committee.

Your Committee has received testimony in support of this measure from Marine Advocates Collaborating for Sustainable Aquatic Life through Action and Discipline, Hoala Kealakekua Nui Inc, and nine individuals.

Your Committee finds that the ʻAha Moku Advisory Committee receives annual State funding of approximately $286,300 through the Department of Land and Natural Resources and is subject to public accountability and transparency standards. Your Committee further finds that as a public advisory committee, the ʻAha Moku Advisory Committee must adhere to the Sunshine Law, which requires deliberations and decision-making to occur in properly noticed public meetings, and that the Executive Director of the ʻAha Moku Advisory Committee has acknowledged that the Committee does not follow the Rules of Practice reportedly adopted on October 20, 2016. Your Committee understands that the current practices of the ʻAha Moku Advisory Committee has limited transparency and hindered public participation and oversight. Your Committee further believes that the ʻAha Moku Advisory Committee should be urged to conduct a formal performance review of its Executive Director, and adopt new policies and procedures; that the Office of the Auditor should conduct a comprehensive performance and financial audit of the Advisory Committee; and that the Chairperson of the Board of Land and Natural Resources should exercise oversight to ensure that the ʻAha Moku Advisory Committee fulfills its mandated purpose.

Accordingly, your Committee has amended this measure by:

1. Adding language to the title of the resolution requesting the Office of the Auditor to perform a financial and performance audit.

2. Adding language noting that the public has questioned how the ʻAha Moku Advisory Committee is able to manage and make salary decisions for their executive director, and review, monitor, and approve budgets and reports to the legislature, without formally discussing and adopting positions and decisions in open meetings; and

3. Adding language that underscores the need for an independent review of the ʻAha Moku Advisory Committee to ensure best practices.

4. Adding language requesting the Office of the Auditor to conduct a comprehensive performance and financial audit of the ʻAha Moku Advisory Committee.

5. Adding language establishing a deadline for the audit no later than twenty days prior to the convening of the Regular Session of 2027.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 179, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 179, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair