Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Economic Development and Business Concerns, to which was referred S.B. No. 1281, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to exempt lands held by the High Technology Development Corporation (HTDC) for the Maui Research and Technology Center from the definition of "public lands" as defined in section 171-2, Hawaii Revised Statutes (HRS). Consequently, the specified parcel of land held by HTDC would be exempt from management by the Department of Land and Natural Resources (DLNR).

Under existing law, DLNR is authorized to manage, administer, and exercise control over all public lands. Creating an exemption for HTDC lands corrects an inconsistency in the law because section 206M-3, HRS, already gives HTDC the authority to acquire, own, lease, hold, clear, improve, and rehabilitate real, personal, or mixed property.

HTDC supported the intent of this bill. DLNR submitted comments. An individual opposed the bill.

Your Committee notes that it passed a similar bill earlier this session. H.B. No. 1128 exempted lands to which HTDC holds title in its corporate capacity from section 171-2, HRS.

Your Committee has amended this bill to reflect the substance of H.B. No. 1128. As amended, this bill broadens the scope of HTDC's exemption.

As affirmed by the record of votes of the members of your Committee on Economic Development and Business Concerns that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1281, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1281, S.D. 1, H.D. 1, and be referred to the Committee on Water, Land Use, and Hawaiian Affairs.