Report Title:

DLNR; OHA

Description:

Amends the nominating committee for the water resource management commission by removing one committee member that is appointed by the governor and adding one committee member that shall be appointed by the office of Hawaiian affairs. (SD1)

THE SENATE

S.B. NO.

917

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE COMMISSION ON WATER RESOURCE MANAGEMENT.

 

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 commission on water resource management. The people of the State of Hawai`i acknowledged an obligation to the indigenous people of Hawai`i by ratifying the 1978 constitutional amendment which 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 water 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 office of Hawaiian affairs to appoint one member of the nominating committee.

SECTION 2. Section 174C-7, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) In appointing a member to the commission, the governor shall select from a list submitted by a nominating committee. The nominating committee shall be composed of four individuals chosen as follows: [two persons] one person appointed by the governor; one person appointed by the president of the senate; [and] one person appointed by the speaker of the house[.]; and one person appointed by the office of Hawaiian affairs. The committee shall solicit applications and send to the governor the names of at least three individuals for each open position."

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 shall apply to any new appointments and reappointments after its effective date.