STAND. COM. REP. NO. 436

Honolulu, Hawaii

RE:    S.B. No. 1147

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Public Safety, Government Operations, and Military Affairs, to which was referred S.B. No. 1147 entitled:

"A BILL FOR AN ACT RELATING TO COUNTIES,"

begs leave to report as follows:

     The purpose and intent of this measure is to restrict the eminent domain powers of the counties to ensure that private property, if acquired by a county through its eminent domain powers, is acquired only for public uses and not for private use.

     Your Committee received testimony in opposition to this measure from one county mayor, two county departments, one entity, and one individual.

     Under existing law, counties have the power to exercise its power of eminent domain when it is in the public interest.  Counties can take private property for public use.  Your Committee is concerned that this measure, as drafted, may preclude the City and County of Honolulu's use of the power of eminent domain to acquire real property along its mass transit route.  This is because the existing language allowing certain public uses would be deleted.

     Your Committee has amended this measure by:

     (1)  Allowing the taking of private property by a county for certain public uses; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Government Operations, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1147, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1147, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Government Operations, and Military Affairs,

____________________________

WILL ESPERO, Chair