STAND. COM. REP. NO. 541-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2985

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2985, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE LAND USE COMMISSION,"

begs leave to report as follows:

The purpose of this bill is to provide for a more diverse and balanced outlook of the Land Use Commission (LUC) when deliberating on important land use decisions in the State, by allowing the Governor to select LUC members from lists provided by:

(1) The Board of Trustees of the Office of Hawaiian Affairs;

(2) The Speaker of the House of Representatives;

(3) The President of the Senate;

(4) The House Minority Leader; and

(5) The Senate Minority Leader.

This bill is to take effect upon ratification of a constitutional amendment changing the appointment process for LUC members.

The Office of Hawaiian Affairs submitted testimony in support of this measure. The Office of Planning of the Department of Business, Economic Development, and Tourism and Hawaii Leeward Planning Conference opposed this measure. The LUC offered comments.

Your Committee finds that:

(1) The lists of nominees provided to the Governor should represent all of the counties to enable the Governor to maintain the required geographic diversity on the LUC; and

(2) The changes effected by this bill do not require a constitutional amendment.

Your Committee has amended this bill by:

(1) Specifying that each list of nominees should include at least one person from each county;

(2) Removing the provision specifying that this bill take effect upon ratification of a constitutional amendment; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2985, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2985, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair