STAND

STAND. COM. REP. NO. 146-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2983

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 2983 entitled:

"A BILL FOR AN ACT AMENDING ARTICLE V, SECTION 6, OF THE CONSTITUTION OF THE STATE OF HAWAII,"

begs leave to report as follows:

The purpose of this bill is to allow the Legislature to change the manner in which members of the Land Use Commission (LUC) are appointed.

This bill proposes an amendment to Article V, section 6, of the State Constitution to change the appointment process of LUC members from requiring the Governor to appoint the members to providing by law enacted by the Legislature.

The LUC and the Native Hawaiian Legal Corporation offered comments. The Office of Planning did not support this bill.

Your Committee has also reported out H.B. No. 2985, H.D. 1, the statutory counterpart of this bill, which proposes to amend section 205-1, Hawaii Revised Statutes, by establishing the following process for the appointment of the nine LUC members:

(1) One member to be appointed by the Governor from a list of four nominees submitted by the Board of Trustees of the Office of Hawaiian Affairs;

(2) Two members to be appointed by the Governor from a list of four nominees submitted by the Speaker of the House of Representatives;

(3) Two members to be appointed by the Governor from a list of four nominees submitted by the President of the Senate;

(4) Two members to be appointed by the Governor from a list of four nominees submitted by the Minority Leader of the House of Representatives; and

(5) Two members to be appointed by the Governor from a list of four nominees submitted by the Minority Leader of the Senate.

Your Committee finds that the passage of H.B. No. 2985, H.D. 1, which is contingent on the passage and ratification of this bill, will provide future LUC members with a more diverse and balanced outlook when deliberating on important land use decisions in this State. While this process allows the people to help determine who serves on the LUC, it still enables the Governor to make the final appointments.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2983 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

		____________________________ EZRA R. KANOHO, Chair