REPORT TITLE:
Land and Natural Resources


DESCRIPTION:
Allows a simple majority of the members of the board of land and
natural resources present in order to take action on conservation
district permits and site plans.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           557
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE BOARD OF LAND AND NATURAL RESOURCES.
 


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

 1      SECTION 1.  The legislature finds that the process by which
 
 2 certain conservation district actions are approved by the board
 
 3 of land and natural resources requires clarification.  The
 
 4 inability of members of the board of land and natural resources
 
 5 to vote because of conflicts of interest, illness, or other
 
 6 absence should not be considered an affirmative vote.  The
 
 7 purpose of this Act is to clarify that the failure of a member of
 
 8 the board to vote should not be counted as a de facto vote on
 
 9 certain conservation district actions by requiring only a simple
 
10 majority of members present at a meeting to take action on
 
11 conservation district permits and site plans.
 
12      SECTION 2.  Section 171-5, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§171-5 Meetings, regular, special; quorum.  Regular
 
15 meetings of the board of land and natural resources shall be held
 
16 not less than once a month and the board shall provide in its
 
17 rules and regulations the number and dates for the regular
 
18 meetings.  Special meetings may be called by the chairperson at
 
19 any time by giving notice thereof to each member present in the
 

 
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                                     S.B. NO.           557
                                                        
                                                        

 
 1 State at least five days prior to the date of the special 
 
 2 meeting; provided that notice shall not be required if all
 
 3 members present in the State agree and sign a written waiver of
 
 4 the notice.
 
 5      However, no final action involving disposition of public
 
 6 lands may be had at such special meeting.
 
 7      Any action taken by the board shall be by a simple majority
 
 8 of the members of the board[.]; provided that a simple majority
 
 9 of the members present at a meeting shall be sufficient to render
 
10 any decision pursuant to section 183C-6.  Four members of the
 
11 board shall constitute a quorum to do business.  The board shall
 
12 keep accurate records and minutes of all meetings, special and
 
13 regular, and they shall be public records.  Copies of portions of
 
14 the agenda relating to dispositions of land shall be made
 
15 available to the public in the land office of each district at
 
16 least three days before the meeting at which the matter will be
 
17 discussed or voted upon."
 
18      SECTION 3.   Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 4.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:  _______________________