Report Title:

Board of Land and Natural Resources; Appointment of Members

Description:

Requires the governor to appoint 1 member of the board of land and natural resources from a list of 3 nominees submitted by the office of Hawaiian affairs.

HOUSE OF REPRESENTATIVES

H.B. NO.

446

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE BOARD OF LAND AND NATURAL RESOURCES.

 

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 board of land and natural resources. 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 board of land and natural resources from a list of three nominees submitted by the office of Hawaiian affairs.

SECTION 2. Section 171-4, Hawaii Revised Statutes, is amended to read as follows:

"§171-4 Board of land and natural resources; terms and qualifications of members of the board; organization; expenses. The board of land and natural resources shall be composed of seven members, one from each land district and three at large, [to] of which six members shall be nominated and, by and with the advice and consent of the senate, appointed by the governor as provided in section 26-34. The seventh member shall be appointed by the governor in accordance with section 26-34 from a list of nominees submitted by the office of Hawaiian affairs. The term and removal of a member of the board and the filling of a vacancy on the board shall also be as provided in section 26-34. There shall be not more than three members on the board from the same political party.

Each member shall disclose and file with the board a list of all transactions with the department of land and natural resources in which the member has a direct interest. The member shall also disclose all transactions with the department involving any corporation, association, partnership, or joint venture in which the member is an officer, partner, or employee. Any member having any interest, direct or indirect, in any matter before the board shall disqualify oneself from voting on or participating in the discussion of the matter.

The governor shall select a chairperson of the board from among its members. The chairperson shall call and preside at meetings and may appoint a member of the board as secretary. The members of the board shall choose one of their number to act as chairperson during the absence or disability of the chairperson.

The members of the board shall serve without pay but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of their duties."

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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