Report Title:

OHA

Description:

Installs a trustee or designee of the office of Hawaiian affairs on the board of land and natural resources, the state land use commission, and the public advisory body for coastal zone management.

THE SENATE

S.B. NO.

1152

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the representation of the office of hawaiian affairs on boards, commissions, and advisory bodies.

 

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 land use commission and the public advisory body relating to coastal zone management. The people of the State of Hawai`i acknowledged an obligation to the indigenous people of Hawai`i through the ratification of the 1978 Constitution which compelled the creation of the office of Hawaiian affairs. This recognition was given form through Act 196, Session Laws of Hawaii 1979, in which the legislature 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; . . . ."  (HRS §10-3(3))

The legislature also directed in section 10-13.5, Hawaii Revised Statutes, that: "Twenty per cent of all revenue 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 over 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 and the management of coastal zone resources 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, by providing for office of Hawaiian affairs' membership on boards, commissions and public advisory bodies directly affecting the management of those land and coastal zone resources.

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. A seventh member shall be a trustee of or a representative designated 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. 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 manner and serve for the term set forth in section 26-34. One member shall be appointed from each of the counties, one member shall be a trustee of or a representative designated by the office of Hawaiian affairs, and the remainder shall be appointed at large. 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 4. Section 205A-3.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The public advisory body shall be composed of not more than twelve members who shall be appointed by the director of the lead agency for staggered terms of not more than three years. One member shall be a trustee of or a representative designated by the office of Hawaiian affairs. These members shall be selected with consideration given to the following criteria:

(1) Statewide geographic distribution; and

(2) Balanced representation from among the following interests: business, environment, practitioners of native Hawaiian culture, terrestrial and marine commerce, recreation, research, and tourism.

The lead agency shall undertake widespread solicitation of applications from persons who are interested in serving on the public advisory body."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request