STAND. COM. REP. NO. 3523

Honolulu, Hawaii

RE: H.B. No. 2271

H.D. 1

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 2271, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NON-AGRICULTURAL PARK LANDS,"

begs leave to report as follows:

The purpose of this measure is to provide the Board of Agriculture with the full authority to manage, develop, and dispose by lease of any public land set aside as non-agricultural park lands, notwithstanding the provisions of chapter 171, Hawaii Revised Statutes (public lands).

Specifically, this measure allows the Board of Agriculture to, among other things:

(1) Determine the eligibility requirements of each disposition and applicant qualifications;

(2) Determine the specific agriculture or aquaculture use for which the disposition is intended;

(3) Set the terms of the leases that shall not be less than fifteen years nor more than sixty-five years; and

(4) Set other terms it deems necessary, including restrictions against alienation and provisions for withdrawal by the Board.

This measure further provides institutional lenders with assurances of their security rights to make the leased lands more attractive for mortgages.

Your Committee has amended this measure by:

(1) Clarifying that the dispositions of non-agricultural park lands shall be by lease;

(2) Clarifying the Board of Agriculture's authority to adopt rules setting forth eligibility requirements of each disposition and applicant qualifications;

(3) Changing the effective date to July 1, 2050, to facilitate further discussion; and

(4) Making technical nonsubstantive changes for the purposes of clarity and consistency.

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 is in accord with the intent and purpose of H.B. No. 2271, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2271, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair