THE SENATE	S.B. NO.	2273
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

relating to conservation.

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

     SECTION 1.  During the 1930s, the United States federal government developed a standard soil conservation district law for consideration by each state.  The model law, which was sent to each state governor, suggested that farmers and ranchers should be granted the authority to establish districts specifically for conservation of soil and water resources.  This, along with related federal legislation, provided the basis for states to form local soil and water conservation districts and enable local communities to take positive action to collectively protect the nation's soil and water resources.

     The legislature enacted chapter 180, Hawaii Revised Statutes, to authorize the establishment of soil and water conservation districts as subdivisions of the State to act, educate, construct, maintain, and assist in the development of conservation plans and oversee county grading ordinances.  The State currently has sixteen soil and water conservation districts, which are each managed by five directors.  Two directors are appointed by the department of land and natural resources and three directors are elected by land occupiers within the district.

     In the conduct of district elections, land occupiers representing individual farms, ranches, or plantations are eligible to have one vote for each one hundred acres or less lying within the district.  This voting system was established when plantations controlled most of the State's agricultural lands.  However, the control and use of agricultural land has since become more diversified.  Moreover, Hawaii is one of only twelve states that do not utilize a one vote per person system for soil and water conservation districts.  Given the current agricultural landscape, small-scale land occupiers should have equal votes as large-scale land occupiers.

     The purpose of this Act is to provide that all land occupiers within a soil and water conservation district shall have one vote in electing district directors.

     SECTION 2.  Section 180-12, Hawaii Revised Statutes, is amended to read as follows:

     "§180-12  Appointment, election, qualifications, and tenure of directors.  The terms of office of the two district directors appointed pursuant to section 180-7 shall be three years, except that those first appointed shall be for one and two years, respectively.  The terms of the three elected directors shall be three years.  Unexpired terms shall be filled by a majority vote of the district's remaining directors.  Successors to full terms shall be appointed or elected, as originally selected.  The directors shall either live or work in the districts they represent.  The districts shall conduct their own elections and submit the results to the department for certification.  Land occupiers representing individual farms, ranches, or plantations are eligible to have one vote [for each one hundred acres or less lying within a district.  Each acreage can be accounted for only once, with priority voting in order of land occupier, and land owner, respectively; provided that to be eligible to vote, a land occupier shall first provide the district with its name, address, and information clearly identifying the acreage].  The directors shall designate a chairperson and may, from time to time, change the designation.  A majority of the directors shall constitute a quorum and the concurrence of a majority upon any official matter shall be necessary.  Directors shall receive no compensation for their services, but shall be entitled to necessary expenses.  They may employ and fix the compensation of such officers and employees as they may require, and shall provide for surety bonds for employees or officers who are entrusted with funds.  Directors shall keep a record of proceedings, resolutions, rules, and orders issued or adopted, and accounts of receipts and disbursements, and shall furnish to the department copies of such documents, instruments, or information concerning their activities as the department may request."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Soil and Water Conservation Districts; Directors; Election

Description:

Provides that all land occupiers within a soil and water conservation district shall have one vote in electing district directors.

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