Requesting The Department Of The Attorney General To Submit An Annual Report On Litigation Involving Native Hawaiian Traditional And Customary Rights And The States Public Trust Obligations Under Articles Xi And Xii Of The Hawaii State Constitution.
Summary
SR149 is a Senate resolution requesting the Hawaii Department of the Attorney General to provide an annual report to the Legislature on litigation involving Native Hawaiian traditional and customary rights and the State’s public trust obligations under Articles XI and XII of the Hawaii Constitution. The resolution frames the request as a response to repeated court decisions involving water, public lands, ceded lands, and other natural resources, and it cites several Hawaii appellate and supreme court cases as examples of agency actions that were found deficient or inconsistent with constitutional duties.
The requested report would cover pending and completed cases from the preceding fiscal year, summarize the legal issues and outcomes, assess whether challenged agency actions complied with constitutional protections and fiduciary duties, and identify any corrective actions or policy changes taken by agencies after court rulings. The report would be due before each regular legislative session and would be distributed to the Attorney General and principal state departments and agencies.
Impact
Because SR149 is a resolution rather than a bill, it does not directly amend the Hawaii Revised Statutes or create new legal duties enforceable by statute. Its practical effect would be to direct the Attorney General to compile and submit recurring information to the Legislature, increasing oversight of litigation involving Native Hawaiian rights, public trust water and land management, and related constitutional obligations. The resolution could also influence agency behavior by encouraging more careful compliance, documentation, and interagency learning in cases involving public trust resources and Native Hawaiian customary practices.
Sentiment
The overall sentiment reflected in the resolution is strongly supportive of greater transparency, accountability, and constitutional compliance. The measure is written in a favorable tone toward Native Hawaiian rights and public trust enforcement, emphasizing the burdens caused by repeated litigation and the value of reporting to reduce future disputes. No opposing testimony or recorded votes are provided in the materials, so the available context suggests a consensus-oriented oversight proposal rather than a contested policy change.
Contention
The main point of contention underlying the resolution is the recurring tension between state agency decision-making and judicial enforcement of Native Hawaiian traditional and customary rights, as well as public trust duties for water, lands, and natural resources. The resolution highlights cases in which courts rejected state arguments or found agencies had not adequately protected constitutional interests, suggesting concern that agencies may be underperforming in their fiduciary obligations. The measure appears to be supported by those seeking stronger accountability and transparency, while the implicit counterpoint is that agencies may face operational, fiscal, and policy burdens from litigation and from the reporting and compliance expectations the resolution seeks to reinforce.
Same As
Requesting The Department Of The Attorney General To Submit An Annual Report On Litigation Involving Native Hawaiian Traditional And Customary Rights And The States Public Trust Obligations Under Articles Xi And Xii Of The Hawaii State Constitution.
Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.
Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.
Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.
Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.
Requesting The Office Of Hawaiian Affairs To Establish And Provide Legislative Engagement Forums To Educate And Empower The Native Hawaiian Community Regarding The Legislative Process.
Requesting The Office Of Hawaiian Affairs To Establish And Provide Legislative Engagement Forums To Educate And Empower The Native Hawaiian Community Regarding The Legislative Process.
Requesting The Attorney General To Assess Whether There Has Been A Substantial Or Material Breach Of General Lease No. 231 Executed By And Between The Department Of Hawaiian Home Lands And The National Park Service.
Requesting The Auditor To Conduct A Social And Financial Assessment Of Proposed Mandatory Health Insurance Coverage For Traditional Native Hawaiian Healing And Cultural Practices Offered Through Federally Qualified Health Centers Or Native Hawaiian Health Care Systems.
Recognizing Hawaiian Council For 25 Years Of Dedicated Service, Impactful Leadership, And Steadfast Advocacy On Behalf Of The Native Hawaiian Community.
Requesting The Office Of Hawaiian Affairs To Establish And Provide Legislative Engagement Forums To Educate And Empower The Native Hawaiian Community Regarding The Legislative Process.
Requesting The Office Of Hawaiian Affairs To Establish And Provide Legislative Engagement Forums To Educate And Empower The Native Hawaiian Community Regarding The Legislative Process.