STAND. COM. REP. NO. 3125

Honolulu, Hawaii

RE:    S.C.R. No. 155

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Water, Land, and Housing, to which was referred S.C.R. No. 155 entitled:

"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,"

begs leave to report as follows:

     The purpose and intent of this measure is to affirm the need to protect the Kaho‘olawe Island Reserve by urging the Kaho‘olawe Island Reserve Commission to require the Protect Kaho‘olawe ‘Ohana through Kohe Malamalama O Kanaloa to obtain liability and property damage insurance and indemnify the State from claims arising from actions of Protect Kaho‘olawe ‘Ohana and Kohe Malamalama O Kanaloa.

     Your Committee received testimony in opposition to this measure from Kohe Malamalama O Kanaloa/Protect Kaho‘olawe Fund and three individuals.  Your Committee received comments on this measure from four individuals.

     Your Committee finds it imperative to ensure that safeguards are in place to protect the State from potential liability.  Your Committee notes that it is not the intent of this measure to duplicate existing safeguards but rather to enhance them.  Further, your Committee understands the concerns of all parties involved and would like to assure those parties that this measure is not intended to prevent access to the Kaho‘olawe Island Reserve.

     Your Committee has amended this measure by:

     (1)  Broadening the language to require each stewardship program, regardless of whether the program is a Hawaiian stewardship program, conducting activities on the Kaho‘olawe Island Reserve to obtain liability and property damage insurance and list the State as an additional insured;

     (2)  Changing the title to accurately reflect the purpose of the measure;

     (3)  Deleting language that urges the Kaho‘olawe Island Reserve Commission to require Protect Kaho‘olawe ‘Ohana through Kohe Malamalama O Kanaloa to indemnify the State; and

     (4)  Making technical, nonsubstantive amendments for the purposes of consistency and clarity.

     As affirmed by the record of votes of the members of your Committee on Water, Land, and Housing that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 155, as amended herein, and recommends that it be referred to the Committee on Ways and Means, in the form attached hereto as S.C.R. No. 155, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Housing,

____________________________

DONOVAN M. DELA CRUZ, Chair