SB849

THE SENATE	S.B. NO.	849
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to the office of planning.

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

SECTION 1. During the 2005 special legislative session, the legislature passed Act 12, Special Session Laws of Hawaii 2005, which clarified that the department of business, economic development, and tourism has sole jurisdiction over land and state planning functions, and directed the office of planning to report only to the department of business, economic development, and tourism. Section 225M-2(a), Hawaii Revised Statutes, was amended to emphasize the importance of the office of planning and accordingly required that its director shall be nominated by the governor, and by and with the advice and consent of the senate, and appointed by the governor without regard to chapter 76, Hawaii Revised Statutes. It was the intent of the legislature when enacting Act 12 that the position of director of the office of planning be given a high level status within the executive branch, and that its term of office coincide with the governor's term of office, in like manner, as the single executive of a principle department of the State beginning after the general election of 2006.

The purpose of this Act is to clarify the legislative intent and application of Act 12, Special Session Laws of Hawaii 2005, so that the director of the office of planning on the day after the 2006 general election and any director thereafter to serve in that capacity submit to the advice and consent of the senate.

SECTION 2. Section 225M-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established within the department of business, economic development, and tourism an office of planning. The head of the office shall be known as the director of the office of planning, referred to in this chapter as director. The director shall have: training in the field of urban or regional planning, public administration, or other related fields; experience in programs or services related to governmental planning; and experience in a supervisory, consultative, or administrative capacity. The director shall be nominated by the governor and, by and with the advice and consent of the senate, appointed by the governor without regard to chapter 76, and shall be compensated at a salary level set by the governor. The director shall hold office for a term to expire at the end of the term for which the governor was elected, unless removed sooner by the governor. The director shall be included in any benefit program generally applicable to the officers and employees of the State. The director shall retain such staff as may be necessary for the purposes of this chapter, in conformity with chapter 76. The director shall report to the director of business, economic development, and tourism and shall not be required to report directly to any other principal executive department."

SECTION 3. Act 12, Special Session Laws of Hawaii 2005, is amended by amending section 5 to read as follows:

"SECTION 5. This Act shall take effect upon its approval[.]; provided that any person serving as the director of the office of planning on the day after the 2006 general election and any director thereafter shall be subject to advise and consent by the senate."

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.

INTRODUCED BY:	_____________________________