REPORT TITLE:
Land Use Reform


DESCRIPTION:
Proposes amendments to the state constitution to give the power
to reclassify lands within the State only to a land use
commission that meets for 1 year every 10 years, and the
legislature.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1523
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

PROPOSING AMENDMENTS TO THE STATE CONSTITUTION TO GIVE THE POWER
   TO RECLASSIFY LANDS WITHIN THE STATE ONLY TO A TEMPORARY
   LAND USE COMMISSION, AND THE LEGISLATURE.



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

 1      SECTION 1.  The purpose of this Act is to propose amendments
 
 2 to the state constitution to give the power to reclassify lands
 
 3 within the State only to a land use commission that meets for one
 
 4 year every ten years, and the legislature.
 
 5      SECTION 2.  Article XI of the Constitution of the State of
 
 6 Hawaii is amended by adding two new sections to be appropriately
 
 7 designated and to read as follows:
 
 8                             "LAND USE
 
 9      Section  .  The legislature shall provide for the creation
 
10 of a land use commission, which shall meet for one year every ten
 
11 years and then cease to exist.  The land use commission shall be
 
12 attached to the legislature for administrative purposes only.
 
13 The land use commission may not be extended after it convenes,
 
14 and may not be revived after it ceases to exist.  The sole
 
15 purpose of the land use commission shall be to reclassify lands
 
16 within the State in accordance with standards and criteria
 
17 established by the legislature.
 
18      After the land use commission ceases to exist, lands within
 

 
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                                     S.B. NO.           1523
                                                        
                                                        

 
 1 the State may be reclassified only by the legislature.  Lands
 
 2 within the State may not be reclassified by initiative.  The
 
 3 legislature may reclassify lands within the State only after
 
 4 finding that an emergency exists and that the reclassification of
 
 5 these lands is in the public interest and for the public health,
 
 6 safety and general welfare of the State.  The reclassification of
 
 7 lands within the State shall be done by concurrent resolution in
 
 8 the case of the legislature and by proclamation in the case of
 
 9 the land use commission.
 
10      The legislature shall not enact any laws that would permit a
 
11 nonconforming use of land classified for another purpose.  The
 
12 State's political subdivisions shall not enact any laws that
 
13 would permit a nonconforming use of land zoned for another
 
14 purpose.  The reclassification of land by the land use commission
 
15 and the legislature shall not be subject to judicial review or
 
16 referendum.
 
17      The legislature shall provide for a comprehensive land use
 
18 district boundary review at least once every five years; provided
 
19 that at least one district boundary review shall be completed not
 
20 more than two years and not less than one year prior to the
 
21 convening of the land use commission.
 
22      The power to zone lands within the State shall be reserved
 
23 for the State's political subdivisions, except in matters that
 

 
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                                     S.B. NO.           1523
                                                        
                                                        

 
 1 are clearly of statewide concern.  The power to zone lands within
 
 2 the State shall be reserved for the State in matters that are
 
 3 clearly of statewide concern.  The zoning of lands within the
 
 4 State shall be consistent with their classification by the land
 
 5 use commission and the legislature, and with the standards and
 
 6 criteria established by the legislature.
 
 7      Section  .  All land use district boundaries in effect on
 
 8 the ratification date of this section and section   shall
 
 9 continue to be in effect until the land use commission or the
 
10 legislature amends these boundaries."
 
11      SECTION 3.  Article XI, section 3, of the Constitution of
 
12 the State of Hawaii is amended to read as follows:
 
13                        "AGRICULTURAL LANDS
 
14      Section 3.  The State shall conserve and protect
 
15 agricultural lands, promote diversified agriculture, increase
 
16 agricultural self-sufficiency and assure the availability of
 
17 agriculturally suitable lands.  The legislature shall provide
 
18 standards and criteria to accomplish the foregoing.
 
19      Lands identified by the State as important agricultural
 
20 lands needed to fulfill the purposes above [shall] may not be
 
21 reclassified except by [the State or rezoned by its political
 
22 subdivisions without meeting the standards and criteria
 
23 established by the legislature and approved by] a two-thirds vote
 

 
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                                     S.B. NO.           1523
                                                        
                                                        

 
 1 of the [body responsible for the reclassification or rezoning
 
 2 action.] legislature or the land use commission.
 
 3      Lands identified by the State as important agricultural
 
 4 lands needed to fulfill the purposes above may not be rezoned by
 
 5 the State or the State's political subdivisions without meeting
 
 6 the standards and criteria established by the legislature and
 
 7 except by a two-thirds vote of the body responsible for the
 
 8 rezoning action."
 
 9      SECTION 4.  The question to be printed on the ballot shall
 
10 be as follows:
 
11      "Shall the power to reclassify lands within the State be
 
12      given only to a land use commission that meets for one year
 
13      every ten years, and the legislature?"
 
14      SECTION 5.  Constitutional material to be repealed is
 
15 bracketed.  New constitutional material is underscored.
 
16      SECTION 6.  This amendment shall take effect upon compliance
 
17 with article XVII, section 3, of the Constitution of the State of
 
18 Hawaii.
 
19 
 
20                           INTRODUCED BY:  _______________________