STAND. COM. REP. NO. 1371

Honolulu, Hawaii

RE:    S.C.R. No. 78

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 78 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS SEAWARD OF TAX MAP KEY: (2) 4-3-2: 27, AT KAANAPALI, MAUI, FOR CONCRETE PIER BLOCK REMNANTS PURPOSES,"

begs leave to report as follows:

     The purpose of this measure is to authorize the issuance of a non-exclusive easement over state submerged lands near 5900 lower Honoapiilani Road in Lahaina, Maui, to allow Napili Kai, Ltd., to make repairs to its condominium.

     Your Committee finds that section 171-53, Hawaii Revised Statutes, requires the prior authorization of the Legislature by concurrent resolution for the Board of Land and Natural Resources to lease state submerged lands.  This measure will allow the issuance of a non-exclusive easement as recommended by the Department of Land and Natural Resources, enabling Napili Kai, Ltd. to enlarge and improve the condominium's existing swimming pool.

     Your Committee has amended this measure by making technical nonsubstantive amendments for purposes of clarity and style.

     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 concurs with the intent and purpose of S.C.R. No. 78, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 78, S.D. 1.

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

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DONNA MERCADO KIM, Chair