Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1409, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the Department of Land and Natural Resources (DLNR) to issue long-term leases to qualified individuals in Kahana Valley. This measure also establishes an advisory committee to monitor compliance with the agreements.

Two individuals testified in support of the measure. The DLNR and one individual testified in opposition to the measure.

This measure authorizes DLNR to issue additional long-term leases to qualified individuals residing in Kahana Valley on the condition that these persons participate in the Kahana Valley State Park interpretive or caretaking program. This measure also establishes an advisory committee to monitor and advise DLNR on matters relating to the management of the lease program.

Your Committee notes that the Department of the Attorney General issued an opinion that raises questions as to the constitutionality of this measure. It is the intent of your Committee to seek an additional legal opinion on this issue in order to promote further discussion on this matter.

Your Committee has amended this measure by making the effective date defective and technical, non-substantive amendments for purposes of clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1409, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1409, S.D. 2.