Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred Governor's Message No. 428, submitting for study and consideration the nomination of:

begs leave to report as follows:

Upon review of background information submitted by the nominee, your Committee finds that FRANK DE LUZ, III is a full time rancher, the owner and operator of rental units, and manages land holdings. He also managed a slaughterhouse for twenty years and has served on the Hawaii County Council and chaired the Finance Committee, the Planning Committee, and the Research and Development Committee.

Testimony in support of the nominee was submitted by the Department of Land and Natural Resources; the Hawaii Island Portuguese Chamber of Commerce; the International Longshore and Warehouse Union Local 142; Suisan Properties, Limited; and twenty individuals. Testimony in opposition to the nominee was submitted by the Conservation Council for Hawaii, KAHEA – The Hawaiian-Environmental Alliance, the Sierra Club-Hawaii Chapter, and three individuals.

Your Committee diligently questioned the nominee regarding his understanding and knowledge of general topics pertaining to the State's land and natural resource issues, as well as conflicts of interest issues applicable to the nominee. Your Committee finds that the nominee did not have an understanding of land use and natural resource issues and inadequately failed to identify potential conflicts of interests that may arise while serving on the board.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee, after full consideration of the background, experience, and qualifications of the nominee, has found the nominee to be not qualified for the position to which nominated and recommends that the Senate not advise and consent to the nomination.