STAND. COM. REP. 1100

Honolulu, Hawaii

, 2003

RE: S.B. No. 1152

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred S.B. No. 1152, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE REPRESENTATION OF THE OFFICE OF HAWAIIAN AFFAIRS ON BOARDS, COMMISSIONS, AND ADVISORY BODIES,"

begs leave to report as follows:

The purpose of this bill is to ensure native Hawaiian representation on the Land Use Commission (LUC) and the public advisory body for the Coastal Zone Management (CZM) Program by specifying that one member of each body shall be a Trustee of or a representative designated by the Office of Hawaiian Affairs (OHA).

An OHA Trustee testified in support of this bill. OHA and LUC supported the intent of this measure. The Office of Planning offered comments, and the Hawaiian Political Action Council of Hawaii opposed this measure.

Your Committee finds that:

(1) Section 78-4, Hawaii Revised Statutes, prohibits any person from serving on more than one state board or commission created by law;

(2) Too many conflicts would arise if an OHA Trustee were to serve as a member of these bodies. By being forced to constantly recuse him or herself, the OHA Trustee's representation on the body would be ineffective; and

(3) As an alternative, OHA could still ensure native Hawaiian representation on these bodies by nominating individuals instead of designating an OHA Trustee or representative.

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

(1) Deleting the provisions that a designated OHA Trustee or representative serve as a member of LUC and CZM public advisory body, and requiring that the member shall instead be appointed from a list of three nominees submitted by OHA;

(2) Requiring that one member of the Board of Land and Natural Resources shall also be appointed from a list of three nominees submitted by OHA; and

(3) Making technical, nonsubstantive amendments for the purpose of clarity and to correct drafting errors.

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 S.B. No. 1152, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1152, S.D. 1, H.D. 1, and be referred to the Committee on Finance.

 

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

 

____________________________

EZRA KANOHO, Chair