STAND. COM. REP. NO. 212-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2985

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 2985 entitled:

"A BILL FOR AN ACT RELATING TO THE LAND USE COMMISSION,"

begs leave to report as follows:

The purpose of this bill is to change the manner in which nine members of the Land Use Commission (LUC) are appointed.

Under this bill:

(1) One member shall be appointed by the Governor;

(2) Two members shall be appointed by the Governor from a list of four nominees submitted by the Speaker of the House of Representatives;

(3) Two members shall be appointed by the Governor from a list of four nominees submitted by the President of the Senate;

(4) Two members shall be appointed by the Governor from a list of four nominees submitted by the Minority Leader of the House of Representatives; and

(5) Two members shall be appointed by the Governor from a list of four nominees submitted by the Minority Leader of the Senate.

The LUC and the Native Hawaiian Legal Corporation offered comments. The Office of Planning and the Hawaii Leeward Planning Conference did not support this bill.

Your Committee finds that:

(1) This bill will provide future LUC members with a more diverse and balanced outlook when deliberating on important land use decisions in this State;

(2) Although this process allows the people to help determine who serves on the LUC, it still enables the Governor to make the final appointments; and

(3) Lands affecting the Hawaiian people are significantly impacted by LUC decisions.

Upon further consideration, your Committee has amended this bill by:

(1) Clarifying that the one member appointed by the Governor shall be selected from a list of four nominees submitted by the Board of Trustees of the Office of Hawaiian Affairs; and

(2) Specifying that the effective date of this bill shall take place upon ratification of a constitutional amendment that changes the appointment process of LUC members.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2985, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2985, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair