HB3014

SECTION 1. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171- Powers; non-delegation. Notwithstanding section 171-6(8), the board shall not delegate to the chairperson powers and duties that relate:

(1) To the bureau of conveyances;

(2) To the conservation and resources enforcement program under chapter 199; and

(3) Primarily to natural resources."

SECTION 2. Section 6E-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§6E-5[]] State historic preservation officer. The governor shall appoint a state historic preservation officer, and may appoint the officer without regard to chapter 76, who shall be responsible for the comprehensive historic preservation program and who shall be the state liaison officer for the conduct of relations with the federal government and the respective states with regard to matters of historic preservation. The state historic preservation officer shall be appointed on the basis of professional competence and experience in the field of historic preservation and shall be placed in the department for the purposes of the state program.

In appointing the state historic preservation officer, the governor shall select from a list of four candidates. Two candidates shall be selected by the speaker of the house of representatives, and two candidates shall be selected by the president of the senate."

SECTION 3. Section 6K-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The [~~governor~~] commission shall [~~appoint the~~] select its chairperson from among [~~the~~] its members [~~of the commission~~]."

SECTION 4. 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~~] All members 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[.], except as otherwise provided in section 171- .

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[.], except as otherwise provided in section 171- ."

SECTION 5. Section 171-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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 governor shall appoint members from a list of six candidates provided by the speaker of the house of representatives and the president of the senate for each vacancy on the board. The speaker of the house of representatives and the president of the senate shall each select three candidates to be placed on the list of candidates. 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~~] All members 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."

SECTION 6. Section 199-1, Hawaii Revised Statutes, is amended to read as follows:

"§199-1 Board of land and natural resources, powers and duties. The board of land and natural resources shall establish within the department of land and natural resources a conservation and resources enforcement program relating to the enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, and shall employ or appoint, and remove, the following persons, subject to chapter 76 and section 78-1, who shall be provided with suitable badges or insignia of office by the department of land and natural resources:

(1) An enforcement chief of the department of land and natural resources, who shall be the head of the conservation and resources enforcement program and shall have charge, direction, and control, subject to the direction and control of the board, of all matters relating to the enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder and such other matters as the board may from time to time direct. The enforcement chief shall be an administrator experienced in conservation and resources law enforcement and management; and

(2) Personnel and enforcement officers of the conservation and resources enforcement program, including but not limited to enforcement officers on a voluntary basis and without pay.

The enforcement chief under section 199-1(1) shall report directly to the board."

SECTION 7. Section 502-1, Hawaii Revised Statutes, is amended to read as follows:

"REGISTRAR, DEPUTY

§502-1 Registrar; appointment; tenure; salary. There shall be a bureau in the department of land and natural resources to be called the bureau of conveyances. A registrar of conveyances shall be appointed by the board of land and natural resources, under chapter 76, and shall be superintendent of the bureau. The registrar shall receive such salary as shall be provided by law. The registrar shall report directly to the board."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	3014
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII