STAND. COM. REP. NO. 3118

Honolulu, Hawaii

RE: H.B. No. 1928

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committees on Tourism and Water, Land, and Agriculture, to which was referred H.B. No. 1928, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC LANDS,"

beg leave to report as follows:

The purpose of this measure is to permit renegotiations of hotel and resort leases and dispositions of public lands by lease negotiations for agricultural purposes.

Testimony in support of this measure was submitted by the High Technology Development Corporation; the Hawaii Government Employees Association; Friends of Kewalo Park; and seventeen individuals. Testimony in opposition was received from the University of Hawaii – West Oahu; University of Hawaii System; Housing and Community Development Corporation of Hawaii; Hawaii Community Development Authority; West Oahu Economic Development Association; Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34; and fourteen individuals. Comments were received from the Agribusiness Development Corporation.

Your Committees have amended this measure by replacing the contents of this measure with substantially the same contents of S.B. No. 2476, S.D.2. This measure, as amended, requires that the sale or exchange of any land that the Agribusiness Development Corporation, High Technology Development Corporation, and the Hawaii Public Housing Administration, hold title to is subject to legislative approval by concurrent resolution.

This measure further requires legislative approval by concurrent resolution for any sale, exchange, or similar disposition of land to which the Hawaii Community Development Authority and the University of Hawaii hold title. This measure, unlike S.B. No. 2476, S.D.2, does not contain provisions that require legislative approvals for leases of land to which the Hawaii Community Development Authority and the University of Hawaii hold title.

Your Committees find that this measure would facilitate open communications between state agencies and the Legislature, including advance notice to the Legislature on contemplated alienation of public lands. Your Committees abhor "overnight decisions" on such valuable public assets. Your Committees are cognizant of the arguments that the legislative process slows the process; however, your Committees prefer that the sale of public lands occur with greater deliberation and transparency.

Your Committees have amended the proposed measure by:

(1) Deleting "loan" in reference to "reserved housing loan program" and exempting properties of under one acre in size from legislative approval under the Hawaii Community Development Authority; and

(2) Making sections 4 and 7 effective on December 31, 2006.

As affirmed by the records of votes of the members of your Committees on Tourism and Water, Land, and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1928, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1928, H.D. 2, S.D. 1, and be referred to the Committees on Judiciary and Hawaiian Affairs and Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Tourism and Water, Land, and Agriculture,

____________________________

RUSSELL S. KOKUBUN, Chair

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DONNA MERCADO KIM, Chair