HomeMy WebLinkAboutBIL 145 Draft 02 2022-2024 JHtVf�F M7N.
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COUNTY OF HAWAII `f'�`:''', i ' STATE OF HAWAII
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BILL NO. 145
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE VI, CHAPTER 7,
SECTIONS 6-7.3 AND 6-7.4; AND ARTICLE XVI OF THE HAWAII COUNTY
CHARTER(2022 EDITION),RELATING TO THE WINDWARD AND LEEWARD
PLANNING COMMISSIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article VI, chapter 7, section 6-7.3, of the Hawaii County Charter(2022
Edition), is amended to read as follows:
"Section 6-7.3. Windward Planning Commission.
(a) There is established a windward planning commission that shall have jurisdiction
over the area consisting of the judicial districts of Puna, South Hilo,North Hilo,
Hamakua, and Ka`u.
(b) There shall be seven members on this commission. The commission shall include
one member from each of the judicial districts of Puna, South Hilo,North
Hilo/Hamakua combined, and Ka`u and three "at-large"members selected from
these districts.Not more than two members, appointed from any one judicial
district, shall serve on the windward planning commission.
(c) At least one member shall have experience or expertise in one of the following
categories of discipline, and each category shall be represented on the
commission by a different member:
(1) Native Hawaiian traditional and customary practices,Native Hawaiian law
or traditional Hawaiian land usage;
(2) Climate resilience, natural resource management or agricultural
sustainability; or
(3) Environmental science, environmental protection or land conservation.
[(c)lid) The members shall be appointed by the mayor and confirmed by the council in
the manner prescribed in Section 13-4. Each member representing a district shall
be a legal resident and registered voter of that district. In addition, the director of
public works and the manager of the department of water supply, or their
designated representatives, shall serve as ex-officio members of the windward
planning commission, without power to vote."
SECTION 2. Article VI, chapter 7, section 6-7.4, of the Hawai`i County Charter(2022
Edition), is amended to read as follows:
"Section 6-7.4. Leeward Planning Commission.
(a) There is established a leeward planning commission that shall have jurisdiction
over the area consisting of the judicial districts of North Kohala, South Kohala,
North Kona, and South Kona.
(b) There shall be seven members on this commission. The commission shall include
one member from each of the judicial districts of North Kohala, South Kohala,
North Kona and South Kona and three "at-large" members selected from these
districts.Not more than two members, appointed from any one judicial district,
shall serve on the leeward planning commission.
(c) At least one member shall have experience or expertise in one of the following
categories of discipline, and each category shall be represented on the
commission by a different member:
(1) Native Hawaiian traditional and customary practices,Native Hawaiian law
or traditional Hawaiian land usage;
(2) Climate resilience, natural resource management or agricultural
sustainability; or
(3) Environmental science, environmental protection or land conservation.
[(c)](d) The members shall be appointed by the mayor and confirmed by the council in
the manner prescribed in Section 13-4. Each member representing a district shall
be a legal resident and registered voter of that district. In addition, the director of
public works and the manager of the department of water supply, or their
designated representatives, shall serve as ex-officio members of the leeward
planning commission, without power to vote."
SECTION 3. Article XVI of the Hawai`i County Charter (2022 Edition) is amended by
adding a new section to be appropriately designated and to read as follows:
"Section 16- . Transitional Provisions for the Windward and Leeward Planning
Commissions.
(a) The 2024 amendments made to Sections 6-7.3 and 6-7.4 shall not affect the term
of any member on the windward planning commission or leeward planning
commission who is serving on the effective date of the amendments. Unless
vacating the commission sooner, each member may continue in service on the
commission until the expiration of the member's term.
(b) If any vacancy occurs on the windward planning commission or leeward
planning commission,the vacancy shall be filled in accordance with Sections
6-7.3 and 6-7.4. Taking into consideration the qualifications of sitting members,
the initial appointees following the effective date of the amendments shall fall
within at least one of the unfilled categories specified in those sections until there
is a different member representing each category."
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SECTION 4. Charter material to be repealed is bracketed and stricken. New charter
material is underscored. When revising, compiling, or printing these charter provisions for
inclusion in the Charter of the County of Hawai`i,the revisor need not include the brackets,
bracketed and stricken material, and underscoring.
SECTION 5. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 6. Upon adoption of this ordinance, the Council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawaii County for approval
in the 2024 general election.
SECTION 7. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2024 general election, as duly
certified.
INT DU ED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REFERENCE Comm.
796.11
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