CONFERENCE COMMITTEE REP. NO. 49

Honolulu, Hawaii

                 , 2009

RE:    H.B. No. 1174

       H.D. 3

       S.D. 2

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1174, H.D. 3, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE UNIVERSITY OF HAWAII,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to enable the University of Hawaii (UH) to better carry out its management obligations regarding activities and uses that take place on the Mauna Kea lands that it leases or over which it acquires control or jurisdiction.  This bill clarifies and adds certainty to the law relating to UH's authority to manage and control public and commercial activities on the Mauna Kea lands by:

     (1)  Authorizing the UH Board of Regents (BOR) to charge fees and enter into lease agreements for the Mauna Kea lands, adopt rules to regulate public and commercial activities on Mauna Kea lands, and establish and collect administrative fines for violations;

     (2)  Establishing the Mauna Kea Lands Management Special Fund for UH to manage the Mauna Kea lands; and

     (3)  Requiring annual reports to the Legislature.

     Your Committee on Conference has amended this bill by:

     (1)  Including any recreational activities, rather than only snow play activities, in the types of public and commercial activities that could be covered by administrative rules;

     (2)  Requiring the BOR to hold at least one public hearing, in addition to the public hearing at which decision-making on the proposed rule is made, on the island of Hawaii;

     (3)  Clarifying that the penalty for the third violation of a rule within five years of a prior violation and any subsequent violation, shall not exceed $10,000;

     (4)  Changing its effective date to July 1, 2009; and

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

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1174, H.D. 3, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1174, H.D. 3, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ JILL TOKUDA, Chair	____________________________ JERRY L. CHANG, Co-Chair
____________________________ RUSSELL S. KOKUBUN, Co-Chair	____________________________ JON RIKI KARAMATSU, Co-Chair
____________________________ SHAN S. TSUTSUI, Co-Chair	____________________________ MARCUS R. OSHIRO, Co-Chair