HOUSE OF REPRESENTATIVES

H.B. NO.

895

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to STATE AGENCIES.

 

 

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

 

     SECTION 1.  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] nine members[, one] as follows:

     (1)  One appointed by the board of trustees of the office of Hawaiian affairs to represent the interests of the office of Hawaiian affairs;

     (2)  One from each land district; and [three]

     (3)  Four 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."

     SECTION 2.  Section 174C-7, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  There is established within the department a commission on water resource management consisting of [seven] nine members which shall have exclusive jurisdiction and final authority in all matters relating to implementation and administration of the state water code, except as otherwise specifically provided in this chapter.

     (b)  [Five] Six members shall be appointed by the governor subject to confirmation by the senate, in a manner prescribed in subsection (d).  Each member shall have substantial experience in the area of water resource management; provided that at least one member shall have substantial experience or expertise in traditional Hawaiian water resource management techniques and in traditional Hawaiian riparian usage such as those preserved by section 174C-101[.]; provided further that one member shall be appointed by the board of trustees of the office of Hawaiian affairs to represent the interests of the office of Hawaiian affairs.  The chairperson of the board of land and natural resources shall be the chairperson of the commission.  The director of health shall serve as an ex officio voting member."

     SECTION 3.  Section 205-1, Hawaii Revised Statutes, is amended to read as follows:

     "§205-1  Establishment of the commission.  There shall be a state land use commission, hereinafter called the commission.  The commission shall consist of [nine] eleven members who shall hold no other public office and shall be appointed in the manner and serve for the term set forth in section 26‑34.  One member shall be appointed from each of the counties, one member shall be appointed by the board of trustees of the office of Hawaiian affairs to represent the interest of the office of Hawaiian affairs, and the remainder shall be appointed at large; provided that one member shall have substantial experience or expertise in traditional Hawaiian land usage and knowledge of cultural land practices.  The commission shall elect its chairperson from [one of] among its members.  The members shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses incurred in the performance of their duties.  [Six] Eight affirmative votes shall be necessary for any boundary amendment.

     The commission shall be a part of the department of business, economic development, and tourism for [administration] administrative purposes, as provided for in section 26‑35.

     The commission may engage employees necessary to perform its duties, including administrative personnel and an executive officer.  The executive officer shall be appointed by the commission and the executive officer's position shall be exempt from civil service.  Departments of the state government shall make available to the commission such data, facilities, and personnel as are necessary for it to perform its duties.  The commission may receive and [utilize] use gifts and any funds from the federal or other governmental agencies.  It shall adopt rules guiding its conduct, maintain a record of its activities and accomplishments, and make recommendations to the governor and to the legislature through the governor."

     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.

 

 

Report Title:

Boards and Commissions; Office of Hawaiian Affairs membership

 

Description:

Increases the membership of the Commission on Water Resource Management, Board of Land and Natural Resources, and Land Use Commission, respectively, to include a member to represent the interests of the Office of Hawaiian Affairs.  (HB895 HD1)

 

 

 

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