STAND. COM. REP. NO. 1491

Honolulu, Hawaii

, 2004

RE: H.C.R. No. 164

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.C.R. No. 164 entitled:

"HOUSE CONCURRENT RESOLUTION URGING SUPPORT FOR COMPLETION OF CONNECTIONS BETWEEN AND ENHANCEMENTS TO THE LEEWARD BIKE PATH AND PEARL HARBOR HISTORIC TRAIL,"

begs leave to report as follows:

The purpose of this concurrent resolution is to support the planning, construction, and completion of the Leeward Bike Path and Pearl Harbor Historic Trail to be used by Oahu residents and tourists as a transportation corridor for pedestrians, recreational opportunities, and healthy living initiatives.

For purposes of the public hearing and receiving testimony, your Committee circulated and made available for public review and comment, a proposed H.C.R. No. 164, H.D. 1, that deleted the contents of this concurrent resolution and inserted the substance of S.B. No. 3025, H.D. 1, with revisions, and in the form of a resolution.

The proposed concurrent resolution addresses concerns that the statutory and jurisdictional organization of certain executive departments and the agencies attached to them have been reorganized in a manner contrary to the existing statutory scheme. The proposed concurrent resolution:

(1) Requests the Governor to comply with the statutory directive that the Department of Business, Economic Development, and Tourism (DBEDT) have sole jurisdiction over the Land Use Commission (LUC), Office of Planning (OP), and the Hawaii State Planning Act, and that OP shall not report to any other principal executive department other than DBEDT as required by law;

(2) Changes the title to read:

"REQUESTING THE GOVERNOR TO COMPLY WITH THE STATUTORY DIRECTIVE THAT THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM HAVE SOLE JURISDICTION OVER THE LAND USE COMMISSION, OFFICE OF PLANNING, AND THE HAWAII STATE PLANNING ACT;"

(3) Requests that the Governor submit a report to the Legislature on actions taken or that will be taken to comply with the statutory directive that DBEDT have sole jurisdiction over the LUC, OP, and Hawaii State Planning Act; and

(4) Directs that certified copies of proposed H.D. 1 be transmitted to the Governor, Director of DBEDT, Director of OP, and the Executive Officer of LUC.

OP commented on the proposed H.D. 1. DLNR and DBEDT opposed this measure.

Your Committee finds that over the years laws have been enacted by the Legislature, in accordance with the constitutional mandate that executive and administrative offices be within established principal executive departments, that group certain offices within principal executive departments according to common purposes and related functions. Specifically, section 225M-1, Hawaii Revised Statutes (HRS), establishes the OP within DBEDT, and section 205-1, HRS, places the LUC within DBEDT.

Your Committee finds that the Department of Land and Natural Resources (DLNR) narrowly focuses on land and natural resources issues and conservation lands. OP, on the other hand, must address all statewide planning issues and is, therefore, properly and appropriately placed within DBEDT. It is the intent of your Committee that this measure shall not affect OP's historical or assigned responsibilities, including the administration of the Coastal Zone Management Programs, and that OP shall continue to communicate freely with and assist all state departments in all planning-related issues.

Your Committee is thus concerned with reports that the Director of OP is reporting directly to the Director of DLNR, rather than to the Director of DBEDT as required by law. Your Committee has addressed this concern by adopting the proposed concurrent resolution.

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 concurs with the intent and purpose of H.C.R. No. 164, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 164,

H.D. 1.

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

 

____________________________

EZRA R. KANOHO, Chair