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THE SENATE |
S.C.R. NO. |
124 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
requesting the auditor and the attorney general to develop and propose legislation to amend chapter 171, hawaii revised statutes, to establish definitions of "approval in principle" and "lease in principle," and that the board of land and natural resources refrain from issuing any "approvals in principle" or "leases in principle" until the adoption of such legislation.
WHEREAS, since 2001, the Board of Land and Natural Resources has been committing the State to dispositions of public lands using the mechanisms of "approval in principle" and "lease in principle"; and
WHEREAS, neither "approval in principle" or "lease in principle" are mechanisms established by law; and
WHEREAS, the Board of Land and Natural Resources does not have the statutory or other legal authority to grant an "approval in principle" or a "lease in principle"; and
WHEREAS, in granting "approvals in principle" and "leases in principle" the Board of Land and Natural Resources relies upon the general authority granted in section 171-6(19), Hawaii Revised Statutes, which states that the Board may "do any and all things necessary to carry out its purposes and exercise the powers granted in . . . [the Public Lands, Management and Disposition of] chapter"; and
WHEREAS, chapter 171, Hawaii Revised Statutes, provides that unless there is a specific exception, the disposition of public lands requires public notice and public auction; and
WHEREAS, by utilizing the concepts of "approval in principle" and "lease in principle" the Board of Land and Natural Resources has disposed of public lands or acquired private lands without following the public notice requirements of chapter 171, Hawaii Revised Statutes; and
WHEREAS, article XI, section 5 of the State Constitution and chapter 171, Hawaii Revised Statutes, contain specific requirements and list specific exceptions for the disposition of public lands, and reliance upon the general powers provision of section 171-6(19), Hawaii Revised Statutes, is a misinterpretation of the intended powers of the Board of Land and Natural Resources; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the House of Representatives concurring, that the Legislature requests the Auditor and the Attorney General to develop and propose legislation to amend chapter 171, Hawaii Revised Statutes, to establish definitions of "approval in principle" and "lease in principle" as they pertain to the powers of the Board of Land and Natural Resources; and
BE IT FURTHER RESOLVED that the Legislature requests that the Board of Land and Natural Resources refrain from issuing any "approvals in principle" or "leases in principle" until the enactment of such legislation; and
BE IT FURTHER RESOLVED that the Attorney General is requested to submit a report of its findings and recommendations, including proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2010; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Attorney General, the Auditor, and the Chairperson of the Board of Land and Natural Resources.
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OFFERED BY: |
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Approval in Principle; Lease in Principle; Definitions