Bill Text: HI SB414 | 2010 | Regular Session | Introduced
Bill Title: Soil and Water Conservation Districts; Directors
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB414 Detail]
Download: Hawaii-2010-SB414-Introduced.html
Report Title:
Soil and Water Conservation Districts; Directors
Description:
Requires one director of a soil and water conservation district to be appointed by the department of land and natural resources to represent the organic farming community.
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THE SENATE |
S.B. NO. |
414 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SOIL AND WATER CONSERVATION DISTRICTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 180-7, Hawaii Revised Statutes, is amended to read as follows:
"§180-7 Determining feasibility of
operation of district. The department of land and natural resources shall,
within a reasonable time thereafter, determine whether the operation of the
proposed district would be administratively practicable and feasible; provided
that it shall not have the authority to determine in favor of the creation of
the district unless at least a majority of the votes cast in the referendum [shall]
have been cast in favor thereof. In making [such] the determination
and in determining the need for a proposed district, the department shall give
due regard to the topography, composition of soils, distribution of erosion,
prevailing land use practices within the proposed district, the probable expense
of carrying on erosion control operations within the district, the effects
of organic farming on conservation of resources and preservation of the
environment, and other relevant geographical, physical, economic, and
social factors. If the department determines in favor of the creation of a
district it shall make public the result of the election to elect directors.
The three candidates who receive the largest number, respectively, of the votes
cast in the election, shall be the elected directors for the district and the
department shall appoint two directors to act with the three elected directors
as the governing body of the district[.], provided that one of the
two appointed directors shall represent the organic farming community."
SECTION 2. Section 180-12, Hawaii Revised Statutes, is amended to read as follows:
"§180-12 Appointment, election,
qualifications, and tenure of directors. The terms of office of the two
district directors appointed pursuant to section 180-7 shall be three years, except
that those first appointed shall be for one and two years, respectively. The
terms of the three elected directors shall be three years. Unexpired terms
shall be filled by a majority vote of the district's remaining directors.
Successors to full terms shall be appointed or elected, as originally
selected. The directors shall either live or work in the districts they
represent[.], provided that the director appointed to represent the
organic farming community shall preferably live or work in the district
represented. The districts shall conduct their own elections and submit
the results to the department for certification. Land occupiers representing
individual farms, ranches, or plantations are eligible to have one vote for
each one hundred acres or less lying within a district. Each acreage can be
accounted for only once, with priority voting in order of land occupier, and
land owner, respectively; provided that to be eligible to vote, a land occupier
shall first provide the district with its name, address, and information
clearly identifying the acreage. The directors shall designate a chairperson
and may, from time to time, change the designation. A majority of the
directors shall constitute a quorum and the concurrence of a majority upon any
official matter shall be necessary. Directors shall receive no compensation
for their services, but shall be entitled to necessary expenses. They may
employ and fix the compensation of [such] officers and employees as they
may require, and shall provide for surety bonds for employees or officers who
are entrusted with funds. Directors shall keep a record of proceedings,
resolutions, rules, and orders issued or adopted, and accounts of receipts and
disbursements, and shall furnish to the department copies of [such]
documents, instruments, or information concerning their activities as the
department may request."
SECTION 3. The initial appointment under this Act of a director to represent the organic farming community shall take place when the term of the first of the two currently appointed directors expires.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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