THE SENATE	S.C.R. NO.	155
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

URGING THE KAHO‘OLAWE ISLAND RESERVE COMMISSION TO REQUIRE THE PROTECT KAHO‘OLAWE ‘OHANA THROUGH ITS NON-PROFIT CORPORATION AND FISCAL AGENT KOHEMALAMALAMA O KANALOA TO OBTAIN LIABILITY AND PROPERTY DAMAGE INSURANCE.

     WHEREAS, in Act 340, Session Laws of Hawaii 1993, the Legislature placed the Island of Kaho‘olawe, a place of extraordinary cultural significance, under the control of the Kaho‘olawe Island Reserve Commission, with the condition that the State would eventually transfer management and control of the Island of Kaho‘olawe, along with its resources and waters, to a future sovereign native Hawaiian entity upon its recognition by the United States and the State; and

     WHEREAS, the Kaho‘olawe Island Reserve Commission established policies and controls for uses of the Kaho‘olawe Island Reserve; coordinates the environmental restoration of the Kaho‘olawe Island Reserve; and provides for the perpetuation of native Hawaiian customs, beliefs, and practices; and

     WHEREAS, on March 21, 2006, pursuant to section 6K-6(5), Hawaii Revised Statutes, the Kaho‘olawe Island Reserve Commission entered into a three-year stewardship agreement, Palapala ‘Aelike Kahu‘aina, with the Protect Kaho‘olawe ‘Ohana through its non-profit corporation and fiscal agent Kohemalamalama O Kanaloa, also known as the Protect Kaho‘olawe Fund, to allow the Protect Kaho‘olawe ‘Ohana and its participants to access the Kaho‘olawe Island Reserve to provide mutual support for activities approved and sponsored by the Kaho‘olawe Island Reserve Commission; and

     WHEREAS, on April 9, 2009, the Kaho‘olawe Island Reserve Commission entered into a five-year stewardship agreement, Palapala ‘Aelike Kahu‘aina, with the Protect Kaho‘olawe ‘Ohana through Kohemalamalama O Kanaloa to allow the Protect Kaho‘olawe ‘Ohana to access the Kaho‘olawe Island Reserve to provide mutual support for activities approved and sponsored by the Kaho‘olawe Island Reserve Commission; and

     WHEREAS, the Protect Kaho‘olawe ‘Ohana has facilitated the access by more than fifteen thousand people to the Kaho‘olawe Island Reserve; and

     WHEREAS, on August 6, 2009, a Protect Kaho‘olawe ‘Ohana access participant was seriously injured by the propeller of a boat that had been contracted by the Protect Kaho‘olawe ‘Ohana; and

     WHEREAS, as a result of the serious injuries sustained, the Protect Kaho‘olawe ‘Ohana access participant filed two lawsuits against the State requesting payment for general damages, special damages, and attorney's fees and costs; and

     WHEREAS, pursuant to section 6K-6(1), Hawaii Revised Statutes, the Kaho‘olawe Island Reserve Commission "[s]hall establish criteria, policies, and controls for permissible uses within the island reserve", and thus has a responsibility to protect the State from liability; now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the House of Representatives concurring, that the Kaho‘olawe Island Reserve Commission is urged to require the Protect Kaho‘olawe ‘Ohana through its non-profit corporation and fiscal agent Kohemalamalama O Kanaloa to obtain liability and property damage insurance in an amount acceptable to the State and list the State as an additional insured at the Protect Kaho‘olawe ‘Ohana's own cost and expense; and

     BE IT FURTHER RESOLVED that the Kaho‘olawe Island Reserve Commission is urged to require the Protect Kaho‘olawe ‘Ohana through Kohemalamalama O Kanaloa to indemnify and hold harmless the State, its officers, employees, and agents from and against all liability, loss, damage, cost, and expense, including all reasonable attorney's fees, and all claims, suits, and demands therefore, arising or resulting from the negligent, reckless, intentional, or wrongful acts, errors, or omissions of the Protect Kaho‘olawe ‘Ohana and Kohemalamalama O Kanaloa or its employees, officers, agents, or subcontractors; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; Mayor of the County of Maui; Chairperson of the Board of Land and Natural Resources; Chairperson of the Board of Trustees of the Office of Hawaiian Affairs; Chairperson of the Senate Committee on Hawaiian Affairs; Chairperson of the House Committee on Hawaiian Affairs; Chairperson of the Kaho‘olawe Island Reserve Commission; Kohemalamalama O Kanaloa; and Protect Kaho‘olawe ‘Ohana.

OFFERED BY:

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Report Title: 

Kahoolawe Island Reserve Commission; Protect Kahoolawe Ohana; Liability and Property Damage Insurance