SB1152 SD1 SSCR870

 

STAND. COM. REP. NO.870

Honolulu, Hawaii

, 2003

RE: S.B. No. 1152

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Water, Land, and Agriculture and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1152 entitled:

"A BILL FOR AN ACT RELATING TO THE REPRESENTATION OF THE OFFICE OF HAWAIIAN AFFAIRS ON BOARDS, COMMISSIONS, AND ADVISORY BODIES,"

beg leave to report as follows:

The purpose of this measure, as received by your Committees, is to provide for native Hawaiian representation on the Board of Land and Natural Resources, the Land Use Commission, and the advisory board for Coastal Zone Resource Management.

Testimony in support of this measure was submitted by the Office of Hawaiian Affairs, Association of Hawaiian Civic Clubs, and a concerned citizen. Testimony in support of the intent of this measure was submitted by the State Land Use Commission. Testimony in opposition to the measure was submitted by the Department of Business, Economic Development and Tourism's Office of Planning. The Board of Land and Natural Resources took no position on the measure.

Your Committees find that the board, commission, and advisory body mentioned in this measure regularly make decisions impacting the rights of native Hawaiians. These decisions often have immediate and lasting impacts on matters relating to native Hawaiian cultural, economic, social, religious, political and historical concerns, all of which State law recognizes as being attached to the use and management of Hawaii's natural resources. Despite this recognition under Hawaii law, however, native Hawaiians have had no more of a voice on these bodies than any other member of the general public. This measure is intended to address this deficiency in the State's regulatory scheme, particularly with respect to issues involving Hawaii's land and natural resources, by allowing for the appointment of a trustee of or a representative designated by the Office of Hawaiian Affairs (OHA).

Upon further consideration, your Committees have become aware that Article V, section 6 of the Hawaii State Constitution provides that appointees to state boards and commissions be nominated and, by and with the consent of the Senate, appointed by the Governor. Additionally, your Committees note that a nominee to a state board may not concurrently hold another public office as would be the case if an OHA trustee were appointed to the Board of Land and Natural Resources. Thus, your Committees have amended this measure by:

(1) Deleting representation of an OHA trustee on the Board of Land and Natural Resources;

(2) Requiring that one of the nine member positions of the Land Use Commission be occupied by a trustee or a representative of OHA, and applying the prohibition of holding another public office to the remaining eight member positions; and

(3) Making a technical, nonsubstantive change for the purposes of clarity.

As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1152, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1152, S.D. 1, and be placed on the calendar for Third Reading.

 

 

Respectfully submitted on behalf of the members of the Committees on Water, Land, and Agriculture and Judiciary and Hawaiian Affairs,

____________________________ COLLEEN HANABUSA, Chair		____________________________ LORRAINE R. INOUYE, Chair