Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.C.R. No. 12 entitled:

begs leave to report as follows:

The purpose of this measure is to submit, for the Legislature's review, information on the land exchange between the State and Mauna Kea Agribusiness to improve traffic safety at Haaheo Elementary School in South Hilo, Island of Hawaii.

Your Committee received testimony in favor of this measure from the Board of Land and Natural Resources.

Your Committee finds that, pursuant to section 171-50, Hawaii Revised Statutes, any exchange of public land for private land is subject to disapproval by the Legislature by two-thirds vote of either the House of Representatives or the Senate or by majority vote of both in any regular or special session next following the date of exchange.

Your Committee further finds that Haaheo Elementary School in South Hilo had been experiencing traffic safety problems because its parking lot was too small. The Department of Education initiated a project to expand the parking lot and create a bus turnaround. In turn, Mauna Kea Agribusiness sought ownership of a parcel in South Hilo that the State had determined to be unsuitable for development or utilization as a separate unit.

Your Committee notes that the Board of Land and Natural Resources gave final approval to this land exchange on December 16, 1994, but that the execution of the exchange deed took several years due to the need to clear title to the Mauna Kea Agribusiness parcel through court action and the need to convey title among the appropriate parties. Mauna Kea Agribusiness has also paid the Department the difference between the value of the two parcels.

Your Committee finds that this land exchange benefits Haaheo Elementary School faculty, parents, and students from safer traffic flow and expanded parking facilities, and potentially decreases liability to the Department of Education.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 12 and recommends its adoption.