Report Title:

Land Use Commissioners; Appointment Process

Description:

Enables governor to appoint 1 member; senate president - 2 members; house speaker - 2 members; senate minority leader - 2 members; and house minority leader - 2 members, to the land use commission.

HOUSE OF REPRESENTATIVES

H.B. NO.

2982

TWENTY-SECOND LEGISLATURE, 2004

 

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. 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 shall be appointed in the following manner and serve for the term set forth in section 26-34[.]:

(1) One member shall be appointed by the governor;

(2) Two members shall be appointed by the president of the senate;

(3) Two members shall be appointed by the speaker of the house of representatives;

(4) Two members shall be appointed by the minority leader of the senate; and

(5) Two members shall be appointed by the minority leader of the house of representatives.

One member shall be appointed from each of the counties and the remainder shall be appointed at large. Vacancies occurring for commissioners subject to the county-specific requirements of this section shall be filled by the appointing authority that appointed the vacating member; provided that no single appointing authority may appoint more than one commissioner that is subject to the county-specific requirement. For the purposes of this section, "appointing authority" means the governor, the president of the senate, the speaker of the house of representatives, the minority leader of the senate, and the minority leader of the house of representatives. 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 2. This Act applies to any vacancy, for whatever reason, after its effective date. Appointments shall be made in the order listed in section 205-1, Hawaii Revised Statutes, as amended by section 1 of this Act.

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 and the ratification of a constitutional amendment requiring members of the land use commission to be appointed in a manner as provided by law.

INTRODUCED BY:

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