STAND. COM. REP. NO. 1267-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.R. No. 128
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.R. No. 128 entitled:

     "HOUSE RESOLUTION REQUESTING THE STATE ATTORNEY GENERAL TO
     CONDUCT A LEGAL REVIEW OF CONCERNS REGARDING AUTOMATIC
     PERMIT APPROVAL,"

begs leave to report as follows:

     The purpose of this resolution is to request that the State
Attorney General review the legal and logistical questions
pertaining to automatic permit approval, including case law and
statutes enacted in other states pertaining to automatic permit
approval, and thereafter recommend statutory changes to address
concerns regarding quorum, rulemaking, constitutional
protections, and citizens' rights to due process.

     Testimony in support of this resolution was received from
the State Attorney General.  Testimony in opposition to this
resolution was received from Land Use Research Foundation of
Hawaii.

     Your Committee finds that the provisions of this resolution
address the concerns of some that automatic permit approval will
be misused to short-circuit existing public input processes.

     Your Committee has amended this resolution by providing that
the Legislative Reference Bureau, as opposed to the Attorney
General, will have the aforementioned responsibilities of
conducting the review of legal and logistical questions

 
 
                                 STAND. COM. REP. NO. 1267-00
                                 Page 2

 
pertaining to automatic permit approval, and preparing the report
for the Legislature.  Your Committee has also amended the title
of this resolution to reflect the aforementioned amendments.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee concurs with the intent and purpose
of H.R. No. 128, as amended herein, and recommends its adoption
in the form attached hereto as H.R. No. 128, H.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair