STAND. COM. REP. NO. 2006

Honolulu, Hawaii

RE: H.B. No. 1261

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1261, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATED TO JUDICIAL PROCEEDINGS,"

begs leave to report as follows:

The purpose and intent of this measure is to make permanent the requirement that decisions in contested case hearings of the Commission on Water Resource Management, Land Use Commission, Public Utilities Commission, and Hawaii Community Development Authority, and those involving conservation districts, be appealed directly to the Supreme Court, with certain exceptions.

Your Committee received written comments in support of this measure from the University of Hawaii, Maunakea Observatories, and two individuals.

Your Committee received written comments on this measure from the Hawaii State Judiciary.

Your Committee finds that Act 48, Session Laws of Hawaii 2016, temporarily required certain agency appeals to be filed directly with the Supreme Court, bypassing the circuit courts, environmental courts, and the Intermediate Court of Appeals. Your Committee further finds that this measure would make permanent this requirement.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1261, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair