STAND. COM. REP. NO. 1462-24

Honolulu, Hawaii

, 2024

RE: S.B. No. 3226

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 3226, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE PROCEDURE,"

begs leave to report as follows:

The purpose of this measure is to amend administrative procedure to provide that a maximum time period to grant or deny a business or development-related permit, license, or approval shall only apply if a request for a contested case has not been filed or is required by law.

Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Hawaiʻi.

Your Committee finds that this measure will address contested cases filed within the specified timeframes, uphold due process, and ensure a fair contested case hearing for all parties involved.

Your Committee has amended this measure by:

(1) Clarifying when the maximum time period applies by deleting language applying it to instances where a contested case is required by law;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3226, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3226, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair