STAND. COM. REP. NO.  423

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 1552

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 1552 entitled:

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

begs leave to report as follows:

     The purpose of this bill is to ensure that Kahana Valley State Living Park, one of the last remaining intact ahupuaa on the island of Oahu, is properly protected and managed, by:

(1)  Authorizing the Department of Land and Natural Resources (DLNR) to issue long-term residential leases to qualified persons who currently reside within and contribute to a living park; and

(2)  Establishing a Kahana Planning Council to develop a master plan for the Kahana Valley State Living Park that will provide for rules and procedures, measurements for success, and other requirements.

     The Office of Hawaiian Affairs, Koolauloa Hawaiian Civic Club, Oahu Council of the Association of Hawaiian Civic Clubs, Native Hawaiian Legal Corporation, and numerous concerned individuals testified in support of this bill.  A concerned individual supported the intent of this measure.  Several concerned individuals opposed this bill.  DLNR, the Attorney General (AG), and several concerned individuals provided comments.

     The AG expressed concerns that this bill may violate the constitutional prohibition against special legislation.  Accordingly, to broaden the scope of this bill, your Committee has amended this bill by making it a law of general applicability.  Specifically, this bill has been redrafted to provide that the bill applies to all state living parks and that a Living Park Planning Council be established for each state living park.

     As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1552, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1552, 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,

____________________________

KEN ITO, Chair