Report Title:

Land Use Commission; Appointment of Members

Description:

Requires the governor to appoint 1 member of the land use commission from a list of 3 nominees submitted by the office of Hawaiian affairs.

HOUSE OF REPRESENTATIVES

H.B. NO.

445

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE LAND USE COMMISSION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to ensure native Hawaiian representation on the land use commission. The people of the State of Hawaii acknowledged an obligation to the indigenous people of Hawaii by ratifying the 1978 constitutional amendment that compelled the creation of the office of Hawaiian affairs. Subsequently, Act 196, Session Laws of Hawaii 1979, formally created the office of Hawaiian affairs. In establishing the office of Hawaiian affairs, the legislature specified six purposes of the office. One of the purposes empowered the office to:

"Serv[e] as the principal public agency in this State responsible for the performance, development, and coordination of programs and activities relating to native Hawaiians and Hawaiians. . .".

Section 10-3(3), Hawaii Revised Statutes.

The legislature also directed in section 10-13.5, Hawaii Revised Statutes, that: "Twenty per cent of all funds derived from the public land trust . . . shall be expended by the office" for the betterment of the conditions of native Hawaiians.

The public land trust makes up more than ninety-four per cent of all state lands. The sound and prudent management of all state lands and coastal resources is of critical importance to native Hawaiians both as a revenue source for their self-determination and for the preservation of their cultural and religious practices. The State's decisions concerning land use directly affect native Hawaiians. The office of Hawaiian affairs, as the agency charged with the betterment of native Hawaiians, needs to contribute to the State's stewardship over these resources. Such a role furthers the original legislative intent mandated in 1979 through section 10-3, Hawaii Revised Statutes. This Act provides for the governor to appoint one member of the land use commission, which directly affects the management of Hawaiian land and coastal zone resources, from a list of three nominees submitted by the office of Hawaiian affairs.

SECTION 2. Section 205-1, Hawaii Revised Statutes, is amended to read as follows:

"§205-1 Establishment of the commission. There shall be a state land use commission, hereinafter called the commission. The commission shall consist of nine members who shall hold no other public office [and], of which eight shall be appointed in the manner and serve for the term set forth in section 26-34. One member shall be appointed from each of the counties, and [the remainder] four members shall be appointed at large. The ninth member shall be appointed in accordance with section 26-34 from a list of three nominees submitted to the governor by the office of Hawaiian affairs. The commission shall elect its chairperson from one of its members. The members shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses incurred in the performance of their duties. Six affirmative votes shall be necessary for any boundary amendment.

The commission shall be a part of the department of business, economic development, and tourism for administration purposes, as provided for in section 26-35.

The commission may engage employees necessary to perform its duties, including administrative personnel and an executive officer. The executive officer shall be appointed by the commission and the executive officer's position shall be exempt from civil service. Departments of the state government shall make available to the commission such data, facilities, and personnel as are necessary for it to perform its duties. The commission may receive and utilize gifts and any funds from the federal or other governmental agencies. It shall adopt rules guiding its conduct, maintain a record of its activities and accomplishments, and make recommendations to the governor and to the legislature through the governor."

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:

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