Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.B. No. 505 entitled:

begs leave to report as follows:

The purpose of this bill is to authorize the Department of Land and Natural Resources to issue a new lease to Oceanic Institute, the existing lessee, at Makapuu, Oahu, subject to certain conditions.

For purposes of this public hearing, your Committee circulated a proposed House draft that deletes the provisions of the bill and inserts new language that requires legislative review of any executive order that transfers the Ala Wai Golf Course lands back to the State.

Currently, section 46-65.7, Hawaii Revised Statutes (HRS):

The Board of Public Golf Courses testified in support of this measure.

Based on a review of the legislative history of section 46-65.7, HRS, your Committee finds that the Legislature never intended to suspend legislative review of the executive order on a permanent basis. Prior to 1993, section 46-65.7, HRS, required the Governor to provide a one-year written notice before issuing any executive order to transfer the Ala Wai Golf Course lands back to the State. The one-year period provided Hawaii's part-time Legislature with ample opportunity to review and act on any executive order to transfer these lands back to the State.

However, in 1993, the Legislature addressed the siting of the Convention Center at either the Aloha Motors property or the Ala Wai Golf Course. Act 7, Special Session Laws of Hawaii 1993, among other things, amended section 46-65.7, HRS, by reducing the one-year written notice requirement to six months, thereby effectively removing any opportunity for legislative review. This amendment was made specifically to expedite the possible construction of the Convention Center at the Ala Wai Golf Course, by removing a hurdle that could have delayed the project.

Since the Convention Center was eventually built at the Aloha Motors site, there is no longer any need to continue to exclude legislative review of any executive order pertaining to any transfer of the Ala Wai Golf Course lands.

Upon further consideration, your Committee has amended this bill by incorporating the provisions contained in the proposed House draft that was made available for this public hearing.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 505, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 505, H.D. 1, and be referred to the Committee on Finance.