STAND. COM. REP. NO. 258

Honolulu, Hawaii

RE: S.B. No. 416

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 416 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, Hawaii Community Development Authority, and those involving conservation districts be appealed directly to the Supreme Court of the State of Hawaii.

Your Committee received testimony in support of this measure from the Building Industry Association of Hawaii; Chamber of Commerce Hawaii; Maunakea Observatories; Kona-Kohala Chamber of Commerce; Hawaii Island Chamber of Commerce; O‘ahu County Committee on Legislative Priorities for the Democratic Party of Hawai‘i; David S. DeLuz, Sr. Enterprises, Inc.; and seven individuals. Your Committee received testimony in opposition to this measure from two individuals. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that the process for land use authorization in Hawaii is extensive, thorough, and frequently takes a considerable amount of time. Your Committee further finds that administrative proceedings in contested case hearings of the Commission on Water Resource Management, Land Use Commission, Public Utilities Commission, Hawaii Community Development Authority, and those involving conservation districts are extremely detailed and create a significant record to serve as a foundation for appeal. This measure will make permanent a means by which these types of cases can be expeditiously resolved.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 416 and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair