STAND. COM. REP. NO. 622

Honolulu, Hawaii

, 2005

RE: S.B. No. 1586

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Intergovernmental Affairs and Water, Land, and Agriculture, to which was referred S.B. No. 1586 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII COUNTY BOARD OF WATER SUPPLY,"

beg leave to report as follows:

The purpose of this measure is to conform the statutes on the Hawaii County Board of Water Supply (board) with current provisions of the Hawaii County Charter.

Your Committee received testimony in support of this measure from the Hawaii County Corporation Counsel.

This measure provides that the nine appointed members of the board be appointed by the mayor, with approval of the county council, and with at least one member being a resident of each council district. The members would select their chairperson and vice chairperson. Removal of a member from office is at the discretion of the mayor.

Your Committees find that there exists a home rule issue in making the county boards of water subject to state statute. Your Committees note that chapter 54, Hawaii Revised Statutes (HRS), relating to water systems, was enacted in 1961 when not all counties had a board of water supply. As stated by the Standing Committee on County in House Standing Committee Report No. 149 on H.B. 1166 (1961), "The purpose of this bill is to create independent boards of water supply for counties that do not have such boards at the present time." Your Committees further note that Hawaii County is the only county with a separate law, as Act 86, Session Laws of Hawaii 1949, established a board of water supply of the County of Hawaii.

Your Committees find that chapter 54, HRS, may need to be revised to reflect the current situation wherein all counties have their own boards of water supply which are governed by county charter and ordinance. However, this would require input from the counties at a future time.

As affirmed by the records of votes of the members of your Committees on Intergovernmental Affairs and Water, Land, and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1586 and recommend that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Intergovernmental Affairs and Water, Land, and Agriculture,

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RUSSELL S. KOKUBUN, Chair

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DAVID Y. IGE, Chair