STAND. COM. REP. NO.  1448

Honolulu, Hawaii

                , 2007

RE:   S.B. No. 1923

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred S.B. No. 1923, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO LANDS CONTROLLED BY THE STATE,"

begs leave to report as follows:

     The purpose of this bill is to require the prior approval of the Legislature for the exchange of public lands.

     Specifically, this measure requires the legislative approval of the exchange of lands controlled by the Department of Land and Natural Resources (DLNR) and other departments and agencies, including the University of Hawaii, Hawaii Community Development Authority, Department of Agriculture, Aloha Tower Development Corporation, Agribusiness Development Corporation, and the High Technology Development Corporation.

     The Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO testified in support of this bill.  DLNR, Department of Transportation, Department of Hawaiian Home Lands, and Hawaii Housing Finance and Development Corporation opposed this measure. The Department of the Attorney General, Office of Hawaiian Affairs, and the Hawaii Business Roundtable provided comments.

     Your Committee has amended this bill by:

(1)  Exempting from the legislative approval requirement lands designated in Section 203 of the Hawaiian Homes Commission Act, 1920, as amended;

(2)  Exempting from the legislative approval requirement lands to which the Hawaii Community Development Authority in its corporate capacity holds title;

(3)  Creating a narrow three-year exception for the exchange of up to 15 acres of public lands that are used as a qualified community center by a qualified eleemosynary organization; and

(4)  Making technical, nonsubstantive amendments for style, clarity, and consistency. 

     As affirmed by the record of votes of the members of your Committee on Water, Land, Ocean Resources & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1923, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1923, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Ocean Resources & Hawaiian Affairs,

____________________________

KEN ITO, Chair