STAND. COM. REP. NO. 3009

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1730

       H.D. 2

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Water, Land, and Housing, to which was referred H.B. No. 1730, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO THE LAND USE COMMISSION,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to prohibit any member of the Land Use Commission from voting on a matter before the Commission if the member has a conflict of interest.

 

     Your Committee received comments on this measure from the Land Use Commission.

 

     Your Committee finds that the State Ethics Code applies to Land Use Commission members, who are appointed state officials.  Recently, some issues have come before the Commission where certain members' conflicts of interest have come into question.  Existing rules could not clarify whether a conflict existed and the issue remains unanswered.  To prevent any further occurrences, the Land Use Commission must more adequately specify its process for determining whether a conflict of interest exists.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Providing language that requires the Land Use Commission to amend its rules to clarify its conflict of interest practices;

 

     (2)  Deleting language that created a new section setting conflict of interest requirements for Land Use Commission members; and

 

     (3)  Changing the effective date to upon approval.

 

     As affirmed by the record of votes of the members of your Committee on Water, Land, and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1730, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1730, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Housing,

 

		____________________________ DONOVAN M. DELA CRUZ, Chair