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Committee narrows HB1845 after AG and LUC raise constitutional and due‑process concerns
Summary
Attorney General and Land Use Commission staff warned HB1845 could conflict with constitutional protections for Important Agricultural Lands (IAL) and raise due‑process issues; the committee agreed to exclude IALs and clarify quorum and voting thresholds before forwarding the bill.
HB1845 prompted sustained legal questioning. Alyssa Kahl, Deputy Attorney General, told the committee the draft could conflict with the Hawaii Constitution and HRS provisions that protect Important Agricultural Lands, and she recommended an amendment excluding IALs from the expedited process. "The current bill would only require a simple majority," she said, cautioning that reclassification of IALs typically requires higher vote thresholds under Article 11, section 3.
Dan Hardanger, executive officer for the Land Use Commission, told members commissioners are not allowed to vote by proxy and warned that the bill could result in only three commissioners approving a district boundary amendment. He said the contested‑case hearing process and Kapaka coastal analysis are important due‑process safeguards for landowners and neighbors. Members directed staff to incorporate Attorney General language excluding IALs and to clarify the quorum and voting requirements; the committee then adopted the chair’s recommendation to pass with those amendments.
