Bill Text: HI HB104 | 2013 | Regular Session | Introduced

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Bill Title: Conservation; Game Resources; Constitutional Amendment (ConAm)

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2013-01-25 - The committees on WAL recommend that the measure be HELD. The votes were as follows: 7 Ayes: Representative(s) Evans, Lowen, Cullen, Hanohano, Kawakami, Fale, Thielen; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Coffman, C. Lee. [HB104 Detail]

Download: Hawaii-2013-HB104-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	104
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

proposing a constitutional amendment relating to the conservation, control and development of resources.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to propose an amendment to article XI of the Constitution of the State of Hawaii to promote the conservation and protection of Hawaii's game resources.

     SECTION 2.  Article XI, of the Constitution of the State of Hawaii is amended to read as follows:

     "ARTICLE XI

CONSERVATION, CONTROL AND DEVELOPMENT OF RESOURCES

CONSERVATION AND DEVELOPMENT OF RESOURCES

     Section 1.  For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, game animals, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State.

     All public natural resources are held in trust by the State for the benefit of the people.

          MANAGEMENT AND DISPOSITION OF NATURAL RESOURCES

     Section 2.  The legislature shall vest in one or more executive boards or commissions powers for the management of natural resources owned or controlled by the State, and such powers of disposition thereof as may be provided by law; but land set aside for public use, other than for a reserve for conservation purposes, need not be placed under the jurisdiction of such a board or commission.

     The mandatory provisions of this section shall not apply to the natural resources owned by or under the control of a political subdivision or a department or agency thereof.

AGRICULTURAL LANDS

     Section 3.  The State shall conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands.  The legislature shall provide standards and criteria to accomplish the foregoing.

     Lands identified by the State as important agricultural lands needed to fulfill the purposes above shall not be reclassified by the State or rezoned by its political subdivisions without meeting the standards and criteria established by the legislature and approved by a two-thirds vote of the body responsible for the reclassification or rezoning action.

PUBLIC LAND BANKING

     Section 4.  The State shall have the power to acquire interests in real property to control future growth, development and land use within the State.  The exercise of such power is deemed to be for a public use and purpose.

GENERAL LAWS REQUIRED; EXCEPTIONS

     Section 5.  The legislative power over the lands owned by or under the control of the State and its political subdivisions shall be exercised only by general laws, except in respect to transfers to or for the use of the State, or a political subdivision, or any department or agency thereof.

GAME RESOURCES

     Section 6.  The State shall manage and control for the perpetuity of future generations, game animals, including sheep, deer, pigs, and wild cattle presently located throughout all State lands.  The management of game animals shall be subject to guidelines established by the legislature, including cooperative resource management strategies which shall ensure the public's sustained use and enjoyment of game animals as a protected State resource.

MARINE RESOURCES

     [Section 6.] Section 7.  The State shall have the power to manage and control the marine, seabed and other resources located within the boundaries of the State, including the archipelagic waters of the State, and reserves to itself all such rights outside state boundaries not specifically limited by federal or international law.

     All fisheries in the sea waters of the State not included in any fish pond, artificial enclosure or state-licensed mariculture operation shall be free to the public, subject to vested rights and the right of the State to regulate the same; provided that mariculture operations shall be established under guidelines enacted by the legislature, which shall protect the public's use and enjoyment of the reefs.  The State may condemn such vested rights for public use.

WATER RESOURCES

     [Section 7.] Section 8.  The State has an obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people.

     The legislature shall provide for a water resources agency which, as provided by law, shall set overall water conservation, quality and use policies; define beneficial and reasonable uses; protect ground and surface water resources, watersheds and natural stream environments; establish criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses and establish procedures for regulating all uses of Hawaii's water resources.

NUCLEAR ENERGY

     [Section 8.] Section 9.  No nuclear fission power plant shall be constructed or radioactive material disposed of in the State without the prior approval by a two-thirds vote in each house of the legislature.

ENVIRONMENTAL RIGHTS

     [Section 9.] Section 10.  Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law.

FARM AND HOME OWNERSHIP

     [Section 10.] Section 11.  The public lands shall be used for the development of farm and home ownership on as widespread a basis as possible, in accordance with procedures and limitations prescribed by law.

EXCLUSIVE ECONOMIC ZONE

     [Section 11.] Section 12.  The State of Hawaii asserts and reserves its rights and interest in its exclusive economic zone for the purpose of exploring, exploiting, conserving and managing natural resources, both living and nonliving, of the seabed and subsoil, and superadjacent waters."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

     "Shall the Constitution of the State of Hawaii be amended to recognize game animals located throughout all state lands as a protected State and natural resource to be managed and conserved by the State for the public's sustained use and enjoyment?"

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Conservation; Game Resources; Constitutional Amendment

 

 

Description:

Proposes an amendment to article XI of the Hawaii State Constitution to include game animals on state lands as resources to be managed and conserved by the State.

 

 

 

 

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