Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Housing, to which was referred S.B. No. 2406 entitled:

begs leave to report as follows:

The purpose of this measure is to provide that automatic approval of applications for business- or development-related permits, licenses, or approvals will not occur when the board of commission's decision is delayed by lack of quorum, a tie vote, or other vote with less than a majority of the members of the board or commission.

Testimony in support of the measure was submitted by the County of Hawaii Planning Department, Sierra Club Hawaii Chapter, Conservation Council for Hawaii, and one individual. The Land Use Research Foundation of Hawaii, Hawaii Reserves, Inc., and the Hawaii Association of Realtors opposed the measure.

Your Committee finds that the automatic application approval is controversial. Proponents claim it ensures timeliness, while opponents claim it is poor public policy. Your Committee further finds that the issues raised by this measure deserve further discussion. Accordingly, your Committee has amended the effective date of the measure to read July 1, 2050.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2406, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2406, S.D. 1, and be placed on the calendar for Third Reading.