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Home My WebLink AboutBIL 145 Draft 03 2022-2024Bill 145: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 7, (Draft 3) SECTIONS 6-7.3 AND 6-7.4; AND ARTICLE XVI OF THE HAWAI`I COUNTY CHARTER (2022 EDITION), RELATING TO THE.WINDWARD AND LEEWARD PLANNING COMMISSIONS Adds a requirement that at least one member of each commission have experience or expertise in Native Hawaiian traditional and customary practices, Native Hawaiian law, or traditional Hawaiian land usage; natural resource management or agriculture; or climate resilience, environmental science, environmental protection, or land conservation, and that each category be represented by a different member. Hawaii County Council-42 FAILED: Ayes: Noes Absent: Excused Reference: Comm.796.14 Intr. by: Ms. Evans First Reading: June 5, 2024 2/3 Vote: Second of three required readings, Section 15-1(a), Hawaii County Charter Council Members Evans, Inaba, Kagiwada, and Kaneali`i-Kleinfelder — 4. Council Members Galimba, Kierkiewicz, Lee Loy, and Chair Kimball — 4. Council Member Villegas — 1. None. June 19, 2024 ,MAY or,k, COUNTY OF HAWAI`I STATE OF HAWAI`I off BILL NO. 145 (DRAFT 3) 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 HAWAI`I COUNTY CHARTER (2022 EDITION), RELATING TO THE WINDWARD AND LEEWARD PLANNING COMMISSIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1, Article Vl, 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, HRmakua, 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, 0 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: Native Hawaiian traditional and customary practices, Native Hawaiian law or traditional Hawaiian land usa e• Natural resource management or agriculture or Climate resilience, environmental science, environmental protection or land conservation. [{o}] 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 Hawaii 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 ex eriise in one of the following categories of discipline, and each category shall be represented on the commission by a different member: Native Hawaiian traditional and customary practices, Native Hawaiian law or traditional Hawaiian land usage-, Natural resource management or agriculture-, or Climate resilience, environmental science, environmental protection or land conservation. [(e)](o 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 Hawaii 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 Plannin Commissions. La) The 2024 amendments made to Sections 6-7.3 and 6-7.4 shall not affect the term of aLiy member on the windward tannin commission or leeward pl.annin 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. fib) 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, provided that the council, taking into consideration the qualifications of sitting members, may determine one or more categories of discipline to be duly represented." 2 SECTION 4. Charter material to be repealcd 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 I-Iawai`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 G. Upon adoption of this ordinance, the Council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of l-Iawai`i 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 inaJority ofvoters voting on this legislation in the 2024 general election, as duly certified. IN"I'RC) ID I3Y; "4 COUNCIL NMEEV, COUNTY OF FIAWAI`I , Ilawfai`i Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Date of 3rd Redding: Effective Date: REFERENCE Comm, .. 296.14 �,