HOUSE OF REPRESENTATIVES

H.B. NO.

1618

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

S.D. 1

 

C.D. 1

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE COMPOSITION OF THE BOARD OF LAND AND NATURAL RESOURCES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 26-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources, except for matters relating to the state water code where the commission on water resource management shall have exclusive jurisdiction and final authority.

     The board shall consist of seven members, one from each land district and three at large.  The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34.  At least one member of the board shall have a background in conservation and natural resources, as provided in section 171-4.  At least one member, other than the member with a background in conservation and natural resources, shall have demonstrated expertise in native Hawaiian traditional and customary practices, as provided in section 171-4, to ensure assistance to the board to better administer the public lands and resources with respect to native Hawaiian issues and concerns, the public land trust obligations,  and the recognition of native Hawaiian cultural values that are intrinsically tied to the aina.

     The governor shall appoint the chairperson of the board from among the members thereof.

     The board may delegate to the chairperson such duties, powers, and authority, or so much thereof, as may be lawful or proper for the performance of the functions vested in the board.

     The chairperson of the board shall serve in a full-time capacity.  The chairperson, in that capacity, shall perform those duties, and exercise those powers and authority, or so much thereof, as may be delegated by the board."

     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.  (a)  The board of land and natural resources shall be composed of seven members, one from each land district and three at large, to be nominated and, by and with the advice and consent of the senate, appointed by the governor as provided in section 26-34.  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.

     (b)  At least one member of the board shall have a background in conservation and natural resources, as evidenced by:

     (1)  A college degree in a relevant field, including forestry, wildlife conservation, geology, environmental science, or marine biology; or

     (2)  Work history sufficient to demonstrate an appropriate level of knowledge in the subject of land and natural resources, including parks and recreation, public lands management, natural area reserves, aquatic resources, boating and recreation, forestry and wildlife, water resources management, or conservation and resources.

     (c)  At least one member of the board, other than the member appointed pursuant to subsection (b), shall have demonstrated expertise in native Hawaiian traditional and customary practices, as evidenced by:

     (1)  A college degree in a relevant field, such as Hawaiian studies, native Hawaiian law, native Hawaiian traditional and customary practices, or related subject area;

     (2)  Work history that demonstrates an appropriate level of knowledge in native Hawaiian traditional and customary practices; or

     (3)  Substantial experience as a native Hawaiian traditional and customary practitioner.

     [(b)] (d)  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.

     [(c)] (e)  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.

     [(d)] (f)  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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2014, and shall apply to the board of land and natural resources upon its next vacancy.


 


 

Report Title:

OHA Package; Board of Land and Natural Resources; Composition

 

Description:

Requires that at least one member of the board of land and natural resources, other than the member appointed for having a background in conservation and natural resources, have demonstrated expertise in native Hawaiian traditional and customary practices.  (HB1618 CD1)

 

 

 

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