STAND. COM. REP. NO. 3093

Honolulu, Hawaii

RE:    S.C.R. No. 6

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 6 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE MUTUAL CANCELLATION OF LEASE OF NON-EXCLUSIVE EASEMENT S-5252 AND ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS SITUATED AT LAPAAKEA, LAHAINA, MAUI, IDENTIFIED BY TAX MAP KEY:  (2) 4-5-001:055:  SEAWARD OF TAX MAP KEY:  (2) 4‑5‑001:006,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Board of Land and Natural Resources to cancel the current non-exclusive easement of state submerged land in Lahaina, Maui, held by the Lakala Trust, and to authorize the Board to issue a new term non-exclusive easement to the Trust.

     Your Committee received written comments in support of this measure from a concerned individual.  The Department of Land and Natural Resources submitted written comments on the measure.  The written comments may be reviewed on the Legislature's website.

     Your Committee finds that the Lakala Trust's current non-exclusive easement for state submerged land in Lahaina, Maui, will expire on May 24, 2012.  Due to the expiration of the non-exclusive agreement, the Lakala Trust is unable to refinance the property.  By authorizing the Board of Land and Natural Resources to cancel the current non-exclusive agreement and issue a new term non-exclusive agreement, the Lakala Trust will be able to refinance its mortgage and to continue the repair and maintenance of the wooden decks and concrete piers that extend over submerged land.

     Your Committee also finds that the Lahainaluna High School boarding program is a vital component of the educational service provided by the school.  The boarding program allows students from neighbor islands and remote areas on Maui to live in dormitories on campus, in exchange for reasonable custodial and maintenance work on the school grounds.  Your Committee believes that the Lahainaluna High School boarding program provides opportunities for students to grow and mature and adds value to the school and student body.

     Accordingly, your Committee has amended this measure by:

     (1)  Including information about the importance of the Lahainaluna High School boarding program;

     (2)  Changing the title and adding new language to the measure urging the Department of Education to continue the Lahainaluna High School boarding program;

     (3)  Requesting the Department of Education to convene a Lahainaluna Boarding Program Working Group that includes representation from named stakeholders;

     (4)  Requesting the Lahainaluna Boarding Program Working Group to evaluate the boarding program and to submit a report to the Legislature on its finding and recommendations;

     (5)  Adding that certified copies of the Concurrent Resolution be sent to the Governor, Chairperson of the Board of Education, Superintendent of Education, Principal of Lahainaluna High School, and Trustee of the Lakala Trust; and

     (6)  Making technical, nonsubstantive amendments for the 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. 6, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 6, S.D. 1.

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

____________________________

DONNA MERCADO KIM, Chair