SB1680

Report Title:

Boards of Ag and Land and Natural Resources; Qualifications

Description:

Requires that at least one member of the board of agriculture and the board of land and natural resources have a background, knowledge, and demonstrated experience in the subject area.

THE SENATE	S.B. NO.	1680
TWENTY-THIRD LEGISLATURE, 2005
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO QUALIFICATIONS OF BOARD MEMBERS.

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

SECTION 1. Section 26-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources, except for matters relating to the state water code where the commission on water resource management shall have exclusive jurisdiction and final authority.

The board shall consist of seven members, one from each land district and three at large. The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34. At least one member of the board shall have a background in conservation and natural resources, as provided in section 171-4.

The governor shall appoint the chairperson of the board from among the members thereof.

The board may delegate to the chairperson such duties, powers, and authority, or so much thereof, as may be lawful or proper for the performance of the functions vested in the board.

The chairperson of the board shall serve in a full-time capacity. The chairperson, in that capacity, shall perform those duties, and exercise those powers and authority, or so much thereof, as may be delegated by the board."

SECTION 2. Section 26-16, Hawaii Revised Statutes, is amended to read as follows:

"§26-16 Department of agriculture. (a) The department of agriculture shall be headed by an executive board to be known as the board of agriculture.

The board shall consist of ten members:

(1) One who shall be a resident of the county of Hawaii;

(2) One who shall be a resident of the county of Maui;

(3) One who shall be a resident of the county of Kauai;

(4) Four at large;

(5) The chairperson of the board of land and natural resources, who shall serve as an ex officio voting member;

(6) The director of business, economic development, and tourism, who shall serve as an ex officio voting member; and

(7) The dean of the University of Hawaii college of tropical agriculture and human resources, who shall serve as an ex officio voting member.

The majority of the members of the board shall be from the agricultural community or the agricultural support sector. The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34. The governor shall appoint a chairperson of the board from the members.

(b) At least one member of the board shall have a background in agriculture, as evidenced by:

(1) A college degree in a relevant field, including agriculture, plant science, botany, horticulture, entomology, or animal husbandry; or

(2) Work history sufficient to demonstrate an appropriate level of knowledge in the subject of agriculture, including agricultural development, agribusiness development, agricultural resources management, animal industry, or plant industry.

[~~(b)~~] (c) The board may delegate to the chairperson such duties, powers, and authority, or so much thereof, as may be lawful or proper for the performance of the functions vested in the board.

The chairperson of the board shall serve in a full-time capacity. The chairperson shall, in that capacity:

(1) Perform such duties and exercise such powers and authority, or so much thereof, as may be delegated to the chairperson by the board; and

(2) Identify problems related to agriculture and the appropriate state agencies and departments needed to solve the problem. With the approval of the governor, the designated agencies shall provide any necessary assistance to the chairperson until the problem is resolved.

[~~(c)~~] (d) The department shall:

(1) Promote the conservation, development, and utilization of agricultural resources in the State;

(2) Assist the farmers of the State and any others engaged in agriculture by research projects, dissemination of information, crop and livestock reporting service, market news service, and any other means of improving the well-being of those engaged in agriculture and increasing the productivity of the lands;

(3) Administer the programs of the State relating to animal husbandry, entomology, farm credit, development and promotion of agricultural products and markets, and the establishment and enforcement of the rules on the grading and labeling of agricultural products; and

(4) Administer the aquaculture program under section 141-2.5.

[~~(d)~~] (e) The functions and authority heretofore exercised by the board of commissioners of agriculture and forestry (except the management of state parks and the conservation, development, and utilization of forest resources, including regulatory powers over the forest reserve provided in Act 234, section 2, Session Laws of Hawaii 1957, and of fish and game resources transferred to the department of land and natural resources), by the farm loan board as heretofore constituted, and by the University of Hawaii with respect to the crop and livestock reporting service and market news service, are transferred to the department of agriculture established by this chapter."

SECTION 3. Section 171-4, Hawaii Revised Statutes, is amended to read as follows:

"§171-4 Board of land and natural resources; terms and qualifications of members of the board; organization; expenses. (a) The board of land and natural resources shall be composed of seven members, one from each land district and three at large, to be nominated and, by and with the advice and consent of the senate, appointed by the governor as provided in section 26-34. The term and removal of a member of the board and the filling of a vacancy on the board shall also be as provided in section 26-34. There shall be not more than three members on the board from the same political party. At least one member of the board shall have a background in conservation and natural resources, as evidenced by:

(1) A college degree in a relevant field, including forestry, wildlife conservation, geology, environmental science, or marine biology; or

(2) Work history sufficient to demonstrate an appropriate level of knowledge in the subject of land and natural resources, including parks and recreation, public lands management, natural area reserves, aquatic resources, boating and recreation, forestry and wildlife, water resources management, or conservation and resources.

(b) Each member shall disclose and file with the board a list of all transactions with the department of land and natural resources in which the member has a direct interest. The member shall also disclose all transactions with the department involving any corporation, association, partnership, or joint venture in which the member is an officer, partner, or employee. Any member having any interest, direct or indirect, in any matter before the board shall disqualify oneself from voting on or participating in the discussion of the matter.

(c) The governor shall select a chairperson of the board from among its members. The chairperson shall call and preside at meetings and may appoint a member of the board as secretary. The members of the board shall choose one of their number to act as chairperson during the absence or disability of the chairperson.

(d) The members of the board shall serve without pay but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of their duties."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval and shall apply to any new appointments and reappointments made after its effective date.

INTRODUCED BY:	_____________________________