STAND. COM. REP. NO. 3445

Honolulu, Hawaii

RE:    S.C.R. No. 12

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 12 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT LAHAINA, MAUI, FOR MAINTENANCE AND REPAIR OF EXISTING DECK AND IMPROVEMENTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Board of Land and Natural Resources to issue a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as tax map key:  (2) 4-5-001:  seaward of 4, at Lahaina, Maui, for maintenance and repair of the existing deck and for use, repair, and maintenance of existing improvements.

     Your Committee received written comments in support of this measure from two individuals.

     Your Committee finds that the Board of Land and Natural Resources may lease state submerged lands with the prior approval of the Governor and the Legislature by concurrent resolution, pursuant to section 171-53, Hawaii Revised Statutes.  Your Committee also finds that on October 27, 1989, the Board of Land and Natural Resources approved the issuance of a term, non-exclusive easement for twenty years, which commenced on August 1, 1991, and that the Board authorized a one-year holdover for the lease on July 8, 2011.  Your Committee further finds that the easement is necessary to maintain and repair the existing deck and improvements.

     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. 12 and recommends its adoption.

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

____________________________

DAVID Y. IGE, Chair